Procedural Arrangements Research Articles

Mechanisms for Control of the Executive by the Bundestag

One of the functions of the representative body, alongside the legislative function, is the control function. It is a very important element of parliamentary-cabinet rule, and the way it is carried out, the instruments of scrutiny and the possibility for opposition factions in particular to use them are one of the pillars of a democratic state. Among the control mechanisms found in German law, are, among others, discharge, committees of enquiry, big and small questions, and questions to the government. The wide range of scrutiny instruments and the procedural arrangements that allow opposition representatives to use them enable the Bundestag, committees and members of the legislature to exercise effective scrutiny of the federal government’s activities.

Operational Efficiency and Business Organization: A Case Study on Mumbai Dabbawalas

Operational effectiveness is essential for organizational success in the complicated world of contemporary business. This study explores the complex factors that support operational efficiency, with a focus on the Mumbai Dabbawalas—a distinctive, long-standing service that is a prime example of great dependability and efficiency. By looking at the Mumbai Dabbawalas, we may learn about the values and methods that allow them to continue performing brilliantly even under trying circumstances. Operational efficiency is the capacity of a business to provide clients with goods or services in the most economical way possible while maintaining a high standard of quality. In order to increase production and profitability, it entails simplifying procedures, cutting waste, and maximizing resources. The planned arrangement of resources, procedures, and practices inside a business with the goal of accomplishing particular goals is known as business organization. These ideas work together to directly affect customer happiness, market competitiveness, and overall sustainability, making them the cornerstone of any successful business. Understanding and putting into practice basic management concepts like Six Sigma, lean manufacturing, and total quality management (TQM) are key to operational efficiency. While Six Sigma focuses on lowering variability and errors in processes, lean manufacturing concentrates on removing waste and enhancing workflow. TQM places a strong emphasis on customer satisfaction and ongoing improvement. When combined, these approaches have the power to completely change an organization's processes, resulting in increased efficacy and efficiency.

Collaborative governance in a primary health care partnership in Papua New Guinea.

Collaboration in primary health care is recommended to achieve global health goals. Public-private partnerships (PPP) are one means of collaboration. Our study examined collaboration in a case study PPP for primary health care in Western Province, Papua New Guinea (PNG). Interviews with key informants involved in the PPP were conducted and key programme documents were reviewed. Data were coded and deductively analysed using the collaborative governance model developed by Emerson, Nabatchi and Balogh. The key features of the case study PPP that were highlighted by the collaborative governance model were: identification of partners, trust, procedural arrangements, and leadership. We identified four lessons of significance in the practical establishment and implementation of a partnership in a complex and challenging setting such as PNG: the need to (i) prioritise in-person collaboration and communication, (ii) engage dynamic individuals to lead the partnership, (iii) encourage relationships across all sectors and actors, and (iv) remain flexible and adapt to local cultural and context. Collaborative governance offers a practical framework to understand, assess and strengthen collaboration in multi-stakeholder partnerships in the health sector.

An MRI radiomics approach to discriminate hemorrhage prone intracranial tumors before stereotactic biopsy.

To explore imaging biomarkers predictive of intratumoral hemorrhage for lesions intended for elective stereotactic biopsy. This study included a retrospective cohort of 143 patients with 175 intracranial lesions intended for stereotactic biopsy. All the lesions were randomly split into a training dataset (n=121) and a test dataset (n=54) at a ratio of 7:3. 34 lesions were defined as "hemorrhage-prone tumors" as hemorrhage occurred between initial diagnostic MRI acquisition and the scheduled biopsy procedure. Radiomics features were extracted from the contrast-enhanced T1WI and T2WI images. Features informative of hemorrhage were then selected by the LASSO algorithm and an SVM model was built with selected features. The SVM model was further simplified by discarding features with low importance calculated using a "permutation importance" method. The model's performance was evaluated with confusion matrix-derived metrics and AUC value on the independent test dataset. Nine radiomics features were selected as hemorrhage related features of intracranial tumors by the LASSO algorithm. The simplified model's sensitivity, specificity, accuracy, and AUC reached 0.909, 0.930, 0.926, and 0.949 (95%CI: 0.865-1.000) on the test dataset in the discrimination of "hemorrhage-prone tumors". The permutation method rated feature "T2_gradient_firstorder_10Percentile" as the most important, the absence of which decreased the model's accuracy by 10.9%. Radiomics features extracted on contrast-enhanced T1WI and T2WI sequences were predictive of future hemorrhage of intracranial tumors with favorable accuracy. This model may assist in the arrangement of biopsy procedures and the selection of target lesions in patients with multiple lesions.

Held in the grip: Political status, governing institutions, and emergency management procedural arrangements in the cases of Florida and Puerto Rico

AbstractTo what extent do institutions governing the relationship of the U.S. Federal government with U.S. states and U.S. territories affect their emergency preparedness and response operations? States retain more legislative autonomy and representation than territories in the U.S. Congress, which is responsible for the emergency management budget. The advocacy capabilities of territories may be limited, and greater budget constraints are expected to affect the capability of territories to implement federal emergency management plans and perform effective response operations. This work focuses on a comparative case study between responses to Hurricane Maria in Puerto Rico and Hurricane Michael in Florida. The multi‐technique qualitative approach combines content analysis and interviews. Findings suggest that neither Florida nor Puerto Rico was prepared to respond to hurricanes of such magnitude, but the procedural arrangements of the Florida emergency management system resulted in a more effective response to Hurricane Michael if compared to Hurricane Maria in Puerto Rico.Related ArticlesLiu, Zezhao, and Zhengwei Zhu. 2021. “China's Pathway to Domestic Emergency Management: Unpacking the Characteristics in System Evolution.” Politics & Policy 49(3): 619–50. https://doi.org/10.1111/polp.12407.Neill, Katharine A., and John C. Morris. 2012. “A Tangled Web of Principals and Agents: Examining the Deepwater Horizon Oil Spill through a Principal–Agent Lens.” Politics & Policy 40(4): 629–56. https://doi.org/10.1111/j.1747‐1346.2012.00371.x.Zang, Xiaowei. 2021. “Environmental Accidents and Environmental Legislation in China: Evidence from Provincial Panel Sata (1997–2014).” Politics & Policy 50(1): 77–92. https://doi.org/10.1111/polp.12446.

PERLINDUNGAN HUKUM TERHADAP JUSTICE COLLABORATOR TINDAK PIDANA KORUPSI DI INDONESIA DAN JERMAN

A justice collaborator can be threatened because of his testimony to uncover major crimes such as criminal acts of corruption, so a regulation is needed that specifically, clearly and definitely provides protection for a justice collaborator. This research was carried out using a normative juridical research type, which is an approach based on the main legal material by examining theories, concepts, legal principles and statutory regulations related to this research. The approaches taken are the statutory approach, the analytical approach and the comparative approach. Provisions regarding the protection of justice collaborators are contained in various regulations, but there are no regulations that specifically, clearly and firmly regulate the protection and procedural arrangements for determining a justice collaborator. The handling of protection for justice collaborators in Germany is handled by the Witness Protection Unit Office

Why rights should not be considered (entirely) constricted and why identities are not exactly imagined: A reply to Alma Begicevic and Jennifer Balint

Abstract In their recent article “Constricted Rights and Imagined Identities: Peace and Accountability Processes and Constitution-Making in Bosnia and Herzegovina,” Alma Begicevic and Jennifer Balint argue that underlying reasons for the seemingly sudden establishment of the complex constitutional arrangements in Bosnia and Herzegovina (BH) are associated with the abrupt adoption of the Dayton Peace Agreement and its Annex IV (the Constitution of BH) that introduced the ethnoterritorial setup and the lack of accountability of the neighboring countries for the atrocities committed during the Bosnian War. As a consequence, the country cannot effectively (re)construct a nation state and, instead, suffers from a lack of homogeneity. Moreover, post-conflict institutional and procedural arrangements appear to be comparatively uncharted territory. This article scrutinizes and counters these claims with the thesis that territorial accommodation of differences is a rather frequent approach in fragmenting systems with competing identities. To substantiate the thesis, the article draws on the concepts of cohesion and stability linked to adaptiveness and coordination. It then analyzes the role of the power ratio during the Bosnian War and the internal building blocks that contributed to the ethnoterritorial setup. Finally, the article focuses on the concept of equality in complex systems linked to mutual respect, solidarity, and trust to analyze the necessity for plural equality in BH.

PENYELENGGARAAN PERIZINAN BERUSAHA MENURUT PERATURAN DAERAH KOTA BOGOR NOMOR 1 TAHUN 2023 (STUDI KASUS RESTORAN MIE GACOAN)

There are businesses in Bogor City that violate Article 10 of the Bogor Municipal Regulation No. 1, 2021 and do not have a business license. Its location is Mie Gacoan, located on Jalan Yasmin West Bogor. Originally, this Gacoan Mie restaurant had only NIB (Business Identification Number), i.e. corporate identity or registration mark. The government makes policy to govern the procedural arrangements established in accordance with the activities of Gacoan Noodles Restaurant. The question is whether the actions of the local government will be legally justified if the Mie Gacoan restaurant violates regulations in the Bogor city area but is allowed to continue as long as the regulations remain unclear. The research method used is normative research, the nature of the study is descriptive, the data used are primary and secondary data, library research is used to collect data, data analysis is qualitative, the inferential method uses deductive methods. Preferably, regional regulations should include general principles of good governance, licensing requirements and compliance with product standards such as the Job Creation Act and provisions of regional regulations. It should be consistent at Freies Ermessen.

Elements that associate with participants’ psychological discomfort during simplified fire drills

Fire drills may reinforce the survival skills of participants on the one hand, and on the other hand, they might bring a certain amount of psychological discomfort. To identify elements associated with the psychological discomfort, a designed questionnaire was distributed to postgraduate students who had experienced fire drills in Islington (London) and 1640 valid responses were obtained. With the help of regression analysis, this research found that participants' awareness of precaution, individual initiative of participation, the personal judgement of simplified fire drills (SFDs), participation of SFDs, evaluation of SFDs' function in practical applications, and satisfaction with SFDs' performance are positively associated with participants' psychological discomfort, while the procedural arrangement of SFDs, time interval of joining in the last SFD, and the frequency of simplified fire drills experienced are negatively associated with participants' psychological discomfort. Moreover, personal awareness of precaution, individual initiative of participation, individual satisfaction with SFDs' performance, the time interval of joining in the last SFD, procedural arrangement of SFDs, and the frequency of simplified fire drills experienced could explain 30.02% of the variance in participants' psychological discomfort.

Varying reinforcer dimensions during differential reinforcement without extinction: A translational model.

Procedural arrangements of differential reinforcement of alternative behavior without extinction often involve presenting the same reinforcers for problem behavior and appropriate behavior, which is typically ineffective at reducing problem behavior and increasing an alternative response. However, manipulating reinforcement dimensions such that the contingencies favor the alternative response may improve treatment outcomes when using differential reinforcement of alternative behavior without extinction by increasing appropriate behavior and reducing problem behavior. We conducted this translational study with 32 college students completing a button-pressing task on a computer program in which they could engage in analogs to problem behavior and appropriate behavior. The effects of manipulating magnitude, immediacy, quality, and a combination of all three dimensions for the alternative response were evaluated. Overall, all dimension manipulations reduced the analog to problem behavior, with the largest reductions observed during the quality probe and the probe with all dimensions combined. These results support the notion that differential reinforcement of alternative behavior without extinction can be an effective form of treatment.

That's an Order! How the Quest for Efficiency Is Transforming Judicial Cooperation in Europe

AbstractEffective procedural arrangements allow courts to reconcile conflicting demands of timely justice and sound legal argument. In the context of the European Union, conflict between these demands emerged most acutely in the face of paralyzing delays in the preliminary reference procedure. It was partly solved by Article 99 of the Rules of Procedure. The provision allowed the European Court of Justice to dispose of repetitive and legally undemanding cases with a reasoned order in lieu of a judgment. This article analyses all published orders of the European Court of Justice to examine the use and the implications of Article 99 of the Rules of Procedure. It is the first article to do so. We find that the Court resorts to orders to save time and to halt repeated questions from the courts of a single Member State.

Inside the black box of collaboration: a process-tracing study of collaborative flood risk governance in the Netherlands

ABSTRACT Collaborative environmental governance is increasingly being used by public administrators to integrate divergent sectoral interests and deliver public goods that individual organizations would fail to deliver on their own. Yet, empirical studies on how exactly collaborative governance leads to integrative outputs remain scarce. This study applies a process-tracing methodology to test the hypothesized causal mechanism of collaboration dynamics leading to integrative output in a case of collaborative flood risk management from the Netherlands, the case of Grebbedijk. By drawing on multiple data sources, the analysis validates the mechanism and confirms that the dynamic interaction of highly functional principled engagement, sufficient shared motivation and a wide range of capacities for the joint action is a causal process linked to the successful output in the studied case. However, it also demonstrates that a set of pre-determined capacities for joint action, particularly initiating leadership, procedural arrangements and resources, were critical for the mechanism to unfold successfully. The findings of this study also suggest that well-organized processes of principled engagement facilitated by adaptive and connective leaders may compensate for lack of shared motivation among collaborating parties and succeed in delivering desired collaborative outputs without investing much in building trust and shared motivation.

POJEDINA PITANJA OPRAVDANOSTI IZMENA KRIVIČNOG PROCESNOG ZAKONODAVSTVA REPUBLIKE SRBIJE 2011. GODINE

The issue of the development of criminal procedural law is an extremely broad and complex consideration, one that is difficult to cover in one study. In this paper, the author will deal with the development of criminal procedural legislation of the Republic of Serbia by 2011 in the first part. The current Criminal Procedure Code, with its most recent amendments from 2019, is still based precisely on the mentioned Code. The systematic presentation of the development of criminal procedural legislation in the Republic of Serbia has been burdened with both numerous changes in legislative sources and changes in the broader social context. The issue of state frameworks and the validity of the law, therefore, often requires a review of the broader territorial framework and an understanding of this social dynamic. If one considers the period of formation of the Kingdom of Serbs Croats and Slovenes in 1918, the basic feature of criminal procedural law implied the particular interests of individual states and separate procedural arrangements. Following the above, which is in a way an introductory part, the paper will address the most important changes to the current Criminal Procedure Code in relation to the 2011 Criminal Procedure Code. After the Criminal Procedure Code of 2001 was repealed, the new Criminal Procedure Code of 2011 came into force, which regulates several issues in a whole new way. Finally, special attention will be paid to the inconsistency of the Criminal Procedure Code of 2011 with the Constitution of the Republic of Serbia.

The Impact of Brexit on EU Criminal Procedural Law: A New Dawn?

This article provides an analysis of how the UK’s withdrawal from the European Union is going to impact on EU criminal procedural laws. From the EU’s perspective, the loss of a “critical” partner may lead to more harmonised cooperation between the remaining Member States and thus less intergovernmental features in this area in the long term. More crucially however, the future relationship between the EU and the UK poses certain difficulties as the procedural arrangements to be put in place cannot simply replicate the pre-Brexit status of the UK’s membership. According to the Draft Agreement on the New Partnership with the UK, mechanisms such as the European Arrest Warrant are to be replaced by new “streamlined” procedures and other “simplified” arrangements for the exchange of information and cooperation. This raises questions as regards the possibility for monitoring the UK’s compliance as well as the enforceability of any procedural guarantees given. In addition, the inherent danger of the UK’s departure comes in the shape of a discontinuity of upholding similar values as those applied by the EU (e.g. fundamental rights) and thus a further drifting apart of both sides. Essentially, it is argued in this contribution that this constitutes the opposite of the relationship with other third countries, which is usually characterised with progressive alignment, and should therefore be approached with great caution from an EU perspective for the conclusion of the negotiations on the future relationship. (Less)

Merger; Tinjauan Undang-undang Nomor 40 Tahun 2007 Tentang Perusahaan Terbatas dan POJK.03/2018 Tentang Persyaratan Dan Tata Cara Penggabungan, Peleburan, Pengambilalihan, Integrasi Dan Konversi Bank Umum

This paper is a study that discusses mergers in UUPT 2007 and POJK.03 / 2018 concerning Requirements and Procedures for Merger, Consolidation, Takeover, Integration and Conversion of Commercial Banks. The procedural arrangements of the two arrangements include: design, terms of incorporation. The approval of the board of commissioners is submitted to the GMS for approval, obtaining approval from the relevant agency. Meanwhile, the regulations regarding the protective merger in the 2007 UUPT and POJK.13/2018 are aimed at protecting the interests of related parties, namely the company, minority shareholders, creditors and the public and healthy competition in doing business.

Achieving Social and Ecological Outcomes in Collaborative Environmental Governance: Good Examples from Swedish Moose Management

Collaborative governance approaches have been suggested as strategies to handle wicked environmental problems. Evaluations have found promising examples of effective natural resource governance, but also highlighted the importance of social-ecological context and institutional design. The aim of this study was to identify factors that contribute to the achievement of social and ecological sustainability within Swedish moose (Alces alces) management. In 2012, a multi-level collaborative governance regime was implemented to decrease conflicts among stakeholders. We carried out semi-structured interviews with six ‘good examples’ (i.e., Moose Management Groups that showed positive social and ecological outcomes). We found that ‘good examples’ collectively identified existing knowledge gaps and management challenges and used their discretionary power to develop procedural arrangements that are adapted to the social-ecological context, their theory of change, and attributes of local actors. This contributed to the creation of bridging social capital and principled engagement across governance levels. Thus, our results indicate the existence of higher-order social learning as well as a positive feedback from within-level collaboration dynamics to between-level collaboration. Furthermore, our study illustrates the importance of institutional flexibility to utilize the existing knowledge across stakeholder groups and to allow for adaptations based on the social learning process.

Semantic Analysis of Urdu English Tweets Empowered by Machine Learning

Development in the field of opinion mining and sentiment analysis has been rapid and aims to explore views or texts on various social media sites through machine-learning techniques with the sentiment, subjectivity analysis and calculations of polarity. Sentiment analysis is a natural language processing strategy used to decide if the information is positive, negative, or neutral and it is frequently performed on literature information to help organizations screen brand, item sentiment in client input, and comprehend client needs. In this paper, two strategies for sentiment analysis is proposed for word embedding and a bag of words on Urdu and English tweets. Word embedding is a notable arrangement of procedures that can remember words linguistics dependent on the spread theory which expresses that word is utilized and happens within the same settings tend to indicate comparable implications. Bag of words is an approach used in natural language processing to retrieve information and features from written documents. For the bag of words, machine learning techniques like naive bayes, decision tree, k-nearest neighbor, and support vector machine is used to enhance the accuracy. For word embedding the neural network technique is proposed by the combination of recurrent neural network (RNN) with long-short term memory (LSTM) for sentimental analysis of tweets. Datasets of Urdu and English tweets are used for negative and positive classification tweets with machine learning techniques. The contribution of this paper involves the implementation of a hybrid approach that focused on a sentiment analyzer to overcome social network challenges and also provided the comparative analysis of different machine learning algorithms. The results indicate improvement while using the combination of RNN with the help of LSTM showed accuracy 87% on the Urdu dataset and 92% on the English dataset.

СРАВНИТЕЛЬНЫЙ АНАЛИЗ ОПЕРАТИВНО-РОЗЫСКНОГО МЕРОПРИЯТИЯ И СЛЕДСТВЕННЫХ ДЕЙСТВИЙ НА ПРИМЕРЕ ОБСЛЕДОВАНИЯ ПОМЕЩЕНИЙ, ЗДАНИЙ, СООРУЖЕНИЙ, ОСМОТРА МЕСТА ПРОИСШЕСТВИЯ И ОБЫСКА

In practice, criminal intelligence as a form of control is often carried out without proper procedural arrangement. This issue is very urgent and problematic as, according to the criminal procedure code, evidence obtained when examining a crime scene in respect of procedural legislation violation often cannot be considered admissible. The paper considers the existing forms of gathering evidence and facts of a crime when investigating a crime scene; two of them – inspection and search – are procedural; one is a criminal intelligence action – premises, buildings, structures, terrain compartments, and vehicles examination. The authors carried out a comparative analysis of these forms and concluded on the gaps in the Russian criminal procedure legislation. The paper gives a brief overview of obtaining evidence when investigating crime scenes in the legislative acts of the former republics of the Soviet Union, in particular the Republics of Kazakhstan, Belarus, Estonia, and Azerbaijan. The authors considered the legislation on the operative search activity of foreign countries. The paper presents a comparative table reflecting the positive and negative aspects of the applicable legislation, the advantages and disadvantages of investigative activities and criminal intelligence under the study; studies the issues of entering the materials of operative search activity into the crime case file. As the basic conclusion, the authors highlight that by nature and inner content, the investigative activities under the study (a crime scene examination, a search) and criminal intelligence (premises, buildings, structures, terrain compartments, and vehicles; public and non-public examination) duplicate each other in some degree.

Experiences and opinions of nurses working in psychiatric wards on assessing patients' sexual health: A qualitative study.

To determine the experiences and opinions of nurses working in psychiatric wards regarding the assessment of patients' sexual health. A qualitative, interpretative phenomenological design was used. Purposeful, snowball sampling identified eight nurses. Data were collected online through in-depth, individual interviews, and analyzed with Colaizzi's seven-step method. The nurses' experiences and opinions were grouped under three themes: challenges, requirements, and opportunities. The theme of challenges was divided into attitude and environment; the requirements theme was divided into training, self-knowledge, and procedural arrangements; the opportunities theme was divided into awareness. Psychiatric nurses should know their sexual values and integrate personal/professional values. Institutions should train nurses in assessment' importance and scope and establish procedures/guidelines, supporting sexual health assessments.

Процессуальная реформа в банкротстве: внесудебное формирование реестра требований

The article is devoted to some aspects and problems of reforms in Russian insolvency proceedings these days. Changes are connected with the procedural arrangements of consideration of the crucial detached disputes — disputes over including claims into the list of creditors. The author comes to the conclusion of necessity to honor peculiarities and value of the acts of court as a legal phenomenon whilst changing law.