Set Of Proceedings Research Articles

Case Law Trend: The Question of Interaction Between the Tax and Criminal Proceedings in the ECtHR Case-Law

This objective of this study is to analyse the definition and the application of the concept of sufficiently close in substance and in time by the European Court of Human Rights (ECtHR) in terms of tax penalties. The Court implements this concept in Article 4 of the Protocol Number 7 of the European Convention on Human Rights (ECHR) and intends to regulate the interaction between the two sets of (tax and criminal) procedures that deal with the penalization of the same matter. The progress of the case law is examined from the Glantz and Nykänen judgments in 2014 and the Kristjansson judgment in 2021. Two research questions are addressed: What is the connection in substance, and what is the connection in time? For the first question, the case law points out that the connection in substance requires the repetition in collection evidence. However, the boundaries of the relationship that should be established between the two sets of proceedings are uncertain and debatable. For the second question, the temporal connection has not yet been defined in case law, and its application overlaps with the scope of the right to a fair trial. Thus, it is seen that the boundaries in the both contexts need to be redrawn in order to eliminate the current ambivalence. ECtHR case-law, interaction between proceedings, connection in substance, connection in time, ne bis in idem, tax penalty, tax procedure, right to a fair trial.

Wallishauser v. Austria (No 1)

Human rights — State immunity — Jurisdictional immunity — Civil proceedings against foreign State for compensation after dismissal from employment at embassy — Courts of forum State accepting defendant State’s assertion of immunity in second set of proceedings — Whether recognition of immunity involving a violation of right of access to court — European Convention on Human Rights, 1950, Article 6State immunity — Jurisdictional immunity — Employment — Proceedings for compensation after dismissal from employment at embassy — Second set of proceedings barred by State immunity — Whether contrary to human rightsDiplomatic relations — Locally employed staff — Dismissal — Whether sending State entitled to State immunity in proceedings for compensation after dismissal from employment at embassy

Klauzula generalna interesu społecznego w postępowaniu administracyjnym, sądowoadministracyjnym oraz egzekucyjnym w administracji

<p>Autorzy opracowania skupili swe rozważania na klauzuli generalnej interesu społecznego w ogólnym postępowaniu administracyjnym, postępowaniu sądowoadministracyjnym oraz postępowaniu egzekucyjnym w administracji. W ten sposób otrzymali kompleksową, aczkolwiek ograniczoną ze względu na ramy opracowania, analizę funkcji tej klauzuli w podstawowych postępowaniach systemu procedury administracyjnej. Artykuł wyjaśnia skomplikowane pojęcie interesu społecznego oraz jego stosunek do pojęcia interesu publicznego. Podkreślenia wymaga, że oba pojęcia występują choćby w przepisach kodeksu postępowania administracyjnego. Przedmiotem rozważań autorzy uczynili również kwestie dotyczące możliwości zaistnienia kolizji między interesem społecznym a interesem indywidualnym.</p>

Recognition and enforcement of judgments in civil and commercial matters in the Brussels I Recast and some lessons from it and the recent Hague Conventions for the Hague Judgments Project

This article looks at the rules on the recognition and enforcement of civil and commercial judgments in the EU and internationally. It provides a detailed description of the procedure for recognition (if requested) and enforcement introduced by the new Brussels I in January 2015 and compares this with the previous procedure. The article then seeks to provide suitable recommendations for the procedure on recognition and enforcement in a future Hague Judgments Convention. In order to inform these recommendations, the article analyses the current procedures in Brussels I, the Hague Choice of Court Convention and the Hague Maintenance Convention 2007. The authors argue that the substantive grounds for non-recognition/enforcement (ie those unrelated to the jurisdictional basis of the original judgment) could be reduced to manifestly contrary to public policy and irreconcilable judgments. It would also be helpful if there were minimum harmonisation of the enforcement procedure so that national and international grounds for non-enforcement could be considered in the same set of proceedings.

International Commercial Arbitration in Australia: What’s New and What’s Next?

This article argues that not much has changed since Australia amended in 2010 its International Arbitration Act, incorporating most of the 2006 revisions to the UNCITRAL Model Law as well as other reforms aimed at positioning Australia as a plausible arbitral venue in the Asia-Pacific region. There is no evidence yet of a broader 'cultural reform' that would make international arbitration speedier and more cost-effective - as urged by Australia's then Attorney-General when introducing the 2010 amendments. In fact, the article first outlines one ongoing cross-border dispute that has engendered at least five sets of proceedings, including a (thankfully unsuccessful) constitutional challenge to the Model Law regime. It then compares case disposition statistics for other Federal Court cases decided three years before and after the amendments, finding only minor differences.1 The article suggests a range of further revisions needed for the Act that emerge from the dispute including the constitutional challenge, as well as other topics for reform including measures to encourage a more internationalist interpretation of instruments such as the Model Law. Continuous improvement and continuous vigilance are needed for Australia to keep developing distinctive expertise in this complex and evolving field of law and practice.

Overview: Civil Procedure

The Supreme Court decided ten cases involving aspects of civil procedure in the 2011-12 legal year. In two cases the Supreme Court dealt with issues related to Part 5 of the Proceeds of Crime Act 2002 (POCA). In Perry and others v Serious Organised Crime Agency,1 the Serious Organised Crime Agency (SOCA) obtained a worldwide property freezing order, the validity of which was contended by the appellant in so far as it extended to property outside of the UK. The Supreme Court, by majority, allowed the first appeal and concluded that Part 5 of POCA has no extraterritorial effect.2 With respect to the second appeal, which attacked the validity of information notices addressed to the first appellant and his daughters, the Supreme Court unanimously held that it would be a breach of international law to confer on a UK public authority the power to impose on persons outside of the UK a positive obligation to provide information, subject to criminal sanctions in the event of non-compliance.3 Gale and another v Serious Organised Crime Agency4 concerned an order for the recovery of property issued under Part 5 of POCA, despite the fact that the first appellant had not been convicted of the criminal activity from which the property allegedly derived. He had been acquitted in Portugal. Having considered the relevant case law of the European Court of Human Rights, the Supreme Court held that the acquittal in Portugal did not preclude the English courts, in proceedings under POCA, from considering the evidence that formed the basis of the charges in Portugal, as there was no procedural link between the two sets of proceedings.5 The Supreme Court further concluded that the commission of the criminal conduct from which the property was derived had to be established according to the civil and not the criminal standard of proof.6 For these reasons the Supreme Court unanimously dismissed the appeal.

É POSSÍVEL MEDICAR? QUAIS DISFUNÇÕES?

O autor conceitua os termos terapia sexual e psicoterapia sexual. Denomina terapia sexual as diversas técnicas que buscam melhorar a qualidade dos relacionamentos interpessoais de natureza sexual. . Essas técnicas incluem a utilização de drogas ( farmacoterapia) , de técnicas de fisioterapia, de processos cirúrgicos e de diversos modelos de psicoterapia sexual. Assim a psicoterapia sexual é uma parte do conjunto dos processos a serem utilizados na condução das inadequações sexuais No presente artigo o autor descreve as técnicas de terapia sexual utilizadas em terapia sexual feminina distintas da técnicas de psicoterapia. Após uma breve introdução histórica o autor apresenta as bases da farmacologia sexual, das técnicas cirúrgicas utilizadas nas inadequações sexuais assim como a utilização de técnicas de fisioterapia nesse tipo de tratamento. Conclui chamando a atenção para a indissociável condição de um complexo bio-psico-social que é a sexualidade humana.

La responsabilità dell’ospedale per la somministrazione di farmaci

[ Hospital responsibility for drug administration] Malpractice cases may be related to different kinds of errors. Among them, it has been estimated that the poor or incorrect monitoring of adverse events is the leading cause of patients’ injuries in hospitals. Such cases can give rise to litigations where it is difficult to establish responsibilities. The Author discusses the case of a woman who reported a vestibular damage following streptomycin administration. Three sets of proceedings were faced, and different verdicts were returned. The processes focused on the evidence that should be presented by the ASL or by the damaged patient, and on the timing of administration of streptomycin, a known ototoxic antibiotic.

Proceedings of the Sixth Northern Region Paediatric Colloquium

It is apparent that the practice of medicine in today's society can often raise difficult legal and ethical dilemmas. With this in mind, senior figures from the medical, legal and theological professions have met on a biennial basis in order to discuss anonymised case material of such a nature. This provides a valuable forum in which to discuss such dilemmas, enabling the sharing of knowledge and experience from which we all can learn. To this end, we report the proceedings of the 'Sixth Northern Region Paediatric Colloquium', which are now the third set of proceedings to be published.

SPI experiences and innovation for Global Software Development

SPI experiences and innovation for Global Software Development

The Self-Incrimination Privilege in Care Proceedings and the Criminal Trial and ‘Shall Not Be Admissible in Evidence’

This article considers the suspension of the self-incrimination privilege in care proceedings and the consequences for respondents and defendants implicated in civil and criminal trials relating to child abuse. This right against self-incrimination is differently applied in the civil and criminal forum. Where there are parallel civil and criminal proceedings and where different rules apply to the disclosure of fact, a respondent in a civil trial later facing criminal proceedings is at a disadvantage. This article explores the tension in the law with regard to a defendant's right to silence and the operation of the self-incrimination privilege with regard to documents and statements made by parties in civil and in criminal proceedings in cases arising from the physical and sexual abuse of children by family members or carers, and the law's overriding objective of child protection. It considers the several issues which arise when self-incriminatory statements are made in one set of proceedings and the use that can be made of these statements in the criminal investigation and at trial. It considers the duty of the criminal court to consider fairness in respect of admissibility of specific evidence (Police and Criminal Evidence Act 1984, s. 78) and also to consider the fairness of the trial as a whole (European Convention on Human Rights, Article 6). These sacrosanct principles and rules of evidence are examined in the context of their application in family/care proceedings and related criminal proceedings for offences of child abuse and the implications for the rights of respondents/defendants.

Distance Learning Librarianship Research Over Time

ABSTRACT Central Michigan University has hosted 11 Off-Campus Library Services Conferences since 1982. This paper studies the proceedings of the 11 conferences to identify patterns of research. The authors were interested in determining how the field of distance learning library services has changed over that 22 year period as evidenced by the topics presented and the types of papers included in the proceedings. The authors analyzed the contributed papers and assigned those papers to specific subject tracks. The authors also considered the sources used by the presenters in order to identify works that may be considered seminal in this field. Distance learning librarianship is a field that has grown and matured, but there has been little research to date into the core literature of the field. This paper attempts to identify some of those core works through an analysis of the citations used in these sets of proceedings.

Book Review of Gender, Cult and Culture in the Ancient World from Mycenae to Byzantium: Proceedings of the Second Nordic Symposium on Gender and Women's History in Antiquity, Helsinki 20–22 October 2000, edited by Agneta Strömberg and Lena Larsson Lovén

This volume is the second set of proceedings from symposia initiated by ARACHNE, the Nordic Network for Gender and Women’s Studies in Antiquity. The first symposium (held in June 1997 in Göteborg) was published as Aspects of Women in Antiquity (Jonsered 1998), also by Stömberg and Larsson Lovén. The contributors to this volume, and presumably those participating in the original seminar, are all women.

Has Pandora's Box Been Closed? The Decisions on the Legality of Use of Force Cases in Relation to the Status of the Federal Republic of Yugoslavia (Serbia and Montenegro) within the United Nations

In its judgments on the preliminary objections in the Legality of Use of Force cases, the Court held that the FRY was not a UN member in the period between 1992 and 2000. This finding is controversial, at odds with previous decisions of the Court, and has indeed attracted criticism from various judges. This article proposes a different construction of the question of the FRY's membership within the UN and reviews arguments that allow doubts to be cast on the reasoning of the Court. Because of the link between UN membership and the FRY's participation in the Genocide Convention, the Court's finding in the Legality of Use of Force cases may have some implications for two sets of proceedings still pending before the Court (Bosnia and Herzegovina v. Serbia and Montenegro and Croatia v. Serbia and Montenegro). In the former case, an interpretation of the extent of the res judicata principle may allow the Court not to reopen the issue of jurisdiction, already decided in 1996 on the basis of Article IX of the Genocide Convention. In the latter case, various options might allow the FRY to be regarded as a party to the Genocide Convention.

The circumpolar health movement comes full circle.

Objectives. Evaluate the course of the International Congress on Circumpolar Health (ICCH) Proceedings in the context of the concomitant historical events. Make recommendations for future circumpolar health research.Study design. Medline search and historical archive search of International Congress on Circumpolar Health Proceedings.Methods. Search of all PubMed resources from 1966 concerning the circumpolar health movement. Two University of Alaska, Anchorage Archive Collections were searched: the C. E. Albrecht and Frank Pauls Archive Collections.Results. Eleven sets of Proceedings manuscripts and one set of Proceedings s were evaluated. There was a trend toward consistent use of existing journals with indexing in Index Medicus; shorter intervals between the Congress and Proceedings manuscript publication; and increased online availability of either the Table of Contents, or Proceedings citations. Recent additions include online publication of full-length manuscripts and two instances of full peer review evaluations of the Proceedings manuscripts. These trends in Proceedings publication are described within the course of significant events in the circumpolar health movement.Conclusions. There has been a trend toward more rapid dissemination of scientific content, more analytic documentation of epidemiologic study design, and a trend toward wider dissemination of scientific content through the Internet. Significant progress in each of those areas is still possible and desirable. (Int J Circumpolar Health 2005; 64(3):269–280)

Business Marketing Comes of Age: A Comprehensive Review of the Literature

ABSTRACT Since 1978 business marketing has seen a great deal of research activity. It is reasonable to ask whether this has led to advances in theory development and a general increase in our level of knowledge of business marketing. This article reviews the business marketing literature from 1978–1997 from twenty-three journals, five sets of proceedings, and selected books of articles in an attempt to answer that question. Over two thousand articles were examined to assess the current state of the field and suggest directions for future development. As the sheer number of articles since 1978 would suggest, the field of business marketing has attracted a considerable amount of attention. Close examination of the past twenty years of research, however, clearly indicates that certain areas have received a disproportionate share of the research effort. Organizational buyer behavior, strategy and planning, and sales management accounted for over forty percent of the articles published. Important areas such as computers and technology in business markets, marketing to the government, ethics in business markets, and pricing, in contrast, have received relatively little research attention. Regardless of the uneven coverage, the research in business marketing over the past twenty years has been conceptually and empirically strong. Changes in the way business is done has also resulted in a recent surge in theory development in the area of buyer-seller relationships within the context of relationship marketing. Increased attention has also centered on cross functional issues, networks, and strategic alliances.

Parallel Investigations and Litigation

Parallel investigations and litigation occur quite commonly. Investigations are frequently lengthy in areas of financial crime, where months can be spent building evidence. Within this period, civil litigants can easily commence an action. The main problem in this situation is when and how much disclosure should take place and to whom. Disclosure in one set of proceedings may be detrimental to another or to an ongoing investigation. For example, a defendant may not wish to disclose certain information in civil proceedings, as it would be detrimental to his criminal trial. However, these documents may be the best way of preventing the civil action from succeeding against him. Thus, the defendant must choose between a successful civil outcome and a possible or even probable criminal conviction. The same predicament faces the prosecution authorities who may risk a certain victory in one set of proceedings against the possibility of revealing a source or prejudicing an ongoing investigation. A variation is where a criminal investigatory body requests non‐disclosure to the defendants in a civil trial to prevent prejudicing a criminal investigation. The Court of Appeal encountered this problem in C v S and others.

Novel Approaches to Contingency Planning and Security

This issue of the journal looks at two thought-provoking books on security- related topics. The first is one of a growing number of recent books on contingency planning. The second selection is a set of proceedings from an international conference on computer security. Both books offer new perspectives on old problems. As always, the book review editors welcome your recommendations of new publications on information security to be reviewed in this column.

The Library Shelf

The latest two sets of Proceedings of the above Society contain a useful variety of papers; there are five papers on photoelastic matters, nine on electrical resistance strain‐gauge work, six on various aspects of dynamic or shock loading and ten on miscellaneous subjects. In each class the papers may be divided into two categories; those in which the main interest lies in the development of technique, and those in which technique per se takes second place and the chief interest lies in the problem to which the technique is applied. It is probably fitting that papers for a Society ostensibly devoted to ‘experimental stress analysis’ should have a preponderating number in the first category, and this indeed is what we find; for four out of the five papers on photoelastic matter deal essentially with technique, as do five out of six of the dynamic loading papers and seven (or eight) out of the ten miscellaneous papers. The exception is the set of papers on the use of the resistance strain‐gauge, where only four out of nine are preoccupied with the development of technique. The inference is that straingauge technique is gradually becoming standardized, but that the techniques of photoelasticity and of dynamic load measurement are still in the process of active development. One cannot refrain from speculating whether, one of these days, when all current methods have been standardized, the Society, now so virile, may not die from lack of proper nourishment apart from an occasional morsel in the form of a miscellaneous paper; for papers whose main interest does not lie in the experimental technique employed belong by rights to the particular learned Society in whose field the problem presents itself.