Scope Of Exemption Research Articles

When can religious employers discriminate? The scope of the religious ethos exemption in EU law

AbstractWhen are religious employers exempt from the prohibition of discrimination (i.e., when can they discriminate against non-adherents)? The European Union (EU) Equality Framework Directive exempts religious employers from the prohibition of religious discrimination, but the scope of the religious ethos exemption is disputed and its interpretation by the Court of Justice of the European Union (CJEU) in Egenberger and IR v JQ has been criticised for being ultra vires and for disrespecting the constitutional identities of the EU Member States. This article clarifies the religious ethos exemption, by examining the underlying legal and normative issues that determine its scope. It shows that the scope of the exemption depends not just on the Framework Directive but also on the relationship between EU law and national constitutional law and that between EU law and international law. Thus, this article not only provides clarity regarding the religious ethos exemption, but also uses these judgements as an opportunity to revisit these related constitutional issues, and in particular the role of the CJEU and EU legislature in defining the place of national constitutional identity in EU law.

A FEW COMMENTS ON THE ENVIRONMENTAL IMPACT ASSESSMENT IN GEOLOGY AND MINING

This article is devoted to discussing specific solutions in the field of environmental impact assessments of projects regulated by the Act of June 9, 2011 on Geological and Mining Law. Particular attention has been paid to recent changes in this area. They mainly concern the extension of the scope of exemptions from the obligation to obtain a decision on environmental conditions.

Thailand – Asia’s Strong New Data Protection Law

Thailand’s Personal Data Protection Act of 2019 may become one of the strongest data privacy laws in Asia. It is much stronger than the previous Bill, both in terms of its principles and its enforcement. However, the picture will not be complete until the many rules that can be made by its data protection authority (the PDPC), and any Royal Decrees granting exemptions, are developed. The main significance of the Thai law is that it is the first explicitly ‘GDPR-based’ law to yet be enacted in Asia, ahead of the GDPR-informed draft Bills in India and Indonesia, While not all of the innovations of the EU GDPR’s data protection principles are included in the PDPA, a substantial set are included. Following the Thai 2019 elections, the EU is again willing to re-commence negotiations on a free trade agreement (FTA) with Thailand and is its third-largest trading partner. For businesses operating in Thailand, this Act imposes serious obligations, but to assess their full extent they will need to obtain much further information which is not yet available. For data subjects the PDPA creates serious rights and remedies not previously available, and the Act overall is a major step forward. From the perspective of Civil Society, the complex administrative and enforcement structure of the Act raises difficulties in determining who could be held responsible for effective enforcement. The potential scope of exemptions are also of great concern. The enforcement mechanisms in the Act are all much stronger than in the previous Bill. Rights of appeal against administrative fines and other decisions of the PDPC or its expert Committees, and in criminal prosecutions, might benefit from some further clarity. All of these matters are examined in detail in this article.

Comments on the (Draft) Personal Data Protection Bill, 2018

India is currently in the process of adopting a new legal framework to govern the protection of personal data. This paper contains our comments on the draft Personal Data Protection Bill, 2018 that was prepared by Committee of Experts headed by Justice B.N. Srikrishna. We note that the draft Bill offers a fairly comprehensive set of data protection principles and rights to data subjects, particularly in relation to processing by private entities. However, there are several key areas where the positions adopted by the Bill need to be revisited. This includes provisions relating to the structure and design of the Data Protection Authority, role of adjudication officers, cross border transfer of data and scope of exemptions under the law, particularly in relation to government agencies.

Determining the Scope of Exemptions from Data Subjects’ Rights to Process Tax Data

Case C‑201/14 Smaranda Bara and Others [2015] For a public institution to be exempted on the basis of Article 13 of Directive 95/46/EC from complying with data subjects’ rights under the Directive, a legislative measure is required. A non-public protocol is not sufficient to qualify a legislative measure (author’s headnote). Articles 10, 11, and 13 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, OJ 1995 L 281, 31.

THE SCOPE OF THE CONSCIENCE-BASED EXEMPTION IN SECTION 4(1) OF THE ABORTION ACT 1967: DOOGAN AND WOOD V NHS GREATER GLASGOW HEALTH BOARD [2013] CSIH 36

Doogan is a judgment of the Inner House of the Scottish Court of Session in an action brought by two midwives ('petitioners' at first instance and 'reclaimers' on appeal) for judicial review of a decision by Greater Glasgow and Clyde Health Board ('respondents'). At issue in the litigation was the scope of the conscience-based exemption contained in section 4(1) of the Abortion Act 1967, which included consideration of where the burden of managing the exemption should fall. The court of first instance (Outer House) had held that section 4(1), which exempts people with a conscientious objection from having to 'participate in any treatment authorised by this Act', ought to be read in light of section 1, which was the authorising provision. On the analysis adopted by the Outer House, any activity which was not unlawful before the 1967 Act came into force, and which therefore did not require to be authorised by section 1, was not covered by section 4(1). Roles which consisted of 'supervision, delegation, and support' were held not to fall within the scope of section 4(1) for this reason. The Inner House rejected the argument that the scope of the exemption in section 4(1) must be coextensive with the scope of the authorisation in section 1, and held that section 4(1) covered the 'whole process of treatment' given for the purpose of terminating a pregnancy. For the Inner House, therefore, 'supervision, delegation, and support' of staff directly involved in the abortion process did constitute the kind of 'participation' that a person could be exempted from under section 4(1). Moreover, the court took the view that the reclaimers' interpretation of section 4(1) was also to be preferred in terms of its likely management consequences. The appeal succeeded, and the Health Board has begun the process of appealing to the UK Supreme Court.

A Study on Improvements of the Current Value Added Tax System Based on International Comparison- Focus on the Scope of Exemption and Tax rate System -

A Study on Improvements of the Current Value Added Tax System Based on International Comparison- Focus on the Scope of Exemption and Tax rate System -

Hatred, Sexual Orientation, Free Speech and Religious Liberty

In recent years, the clash between supporters of religious liberty and sexual orientation equality legislation has led to repeated battles both in Parliament and the courts. First came the clashes over the scope of exemptions in employment discrimination legislation for religious groups. The UK Regulations dealing with employment discrimination on grounds of sexual orientation give a limited exception for ‘employment for purposes of an organised religion’, which allows an employer to apply a requirement related to sexual orientation to comply with the doctrines of the religion, or to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers. A legal challenge brought to the scope of this exception was unsuccessful but, despite that, the exemption has not averted damaging findings of discrimination against the Church of England. The Bishop of Hereford was held to have discriminated unlawfully in blocking the appointment of a practising homosexual to a youth-officer post within the Church of England. The partial success of religious groups in achieving exemption was followed by defeat in the equivalent regulations dealing with discrimination in goods and services, made under the Equality Act 2006, despite the claims of Catholic adoption agencies that they would rather close than place children with same-sex couples.

Comprehensive Reform of Japanese Personal Insolvency Law

The project of the comprehensive reform of Japanese insolvency law started in October 1996. After many enactments and amendments, there are now two types of judicial proceedings for personal insolvencies in Japanese insolvency law. The first category is straight bankruptcy proceedings in which the debtor can be discharged; the other is special Civil Rehabilitation proceedings for individual debtors. In this Article, I will first give a brief overview of the special Civil Rehabilitation proceedings for individual debtors (Part I), including a short description of two types of proceedings, and legislative issues. Then I will give a brief overview of major amendments of the Bankruptcy Law concerning individual bankruptcies (Part II), including amendments relating to the scope of exemption and discharge proceedings.

Clinical trials in the pharmaceutical industry: The scope of the research exemption under French patent law – clarification is still awaited

This paper discusses a recent French Court decision and its impact on the judicial interpretation of the extent to which pharmaceutical clinical trials may or may not fall within the scope of the exemption provided under French law for infringement of patent rights when conducting unauthorised clinical trials aimed at securing marketing authorisation of a patented drug substance.

CERN Official Taxation Case

174International organizations — Officials — Immunity — European Organization for Nuclear Research (“cern”) — Entitlement of officials to immunity from taxation in receiving State — CERN-Switzerland Headquarters Agreement, 1955, Article 17 — Scope of exemption from taxation — Whether extending to surtax on housing subsidy received by official — Limitation of fiscal immunity by reference to purpose for which it is granted — The law of Switzerland

Clinical trials in the pharmaceutical industry: The scope of the research exemption under French patent law – clarification is still awaited

This paper discusses a recent French Court decision and its impact on the judicial interpretation of the extent to which pharmaceutical clinical trials may or may not fall within the scope of the exemption provided under French law for infringement of patent rights when conducting unauthorised clinical trials aimed at securing marketing authorisation of a patented drug substance.