Uniformity In Regulation Research Articles

Romanian Practices of Border Protection in the Case of Persons Crossing the National Border Illegally

This study addresses the issue of migration that the European Union has been facing over the past decade. Beginning with the historical evolution of the phenomenon of migration, the current situation in the European Union is presented, as well as the factors that facilitated the emergence thereof. The normative provisions of the European Union are presented, alongside the specific national regulations of Romania regarding asylum and the granting of international protection. Developments in the litigations brought before the Court of Justice are succinctly presented, in addition to the implications of the rulings in the elaboration of new asylum policies, which would expand the participation of European institutions and uniformity in regulation to the detriment of national intervention, according to the principle of subsidiarity. The study presents the penal implications and the crimes that can be committed in connection with the act of crossing the border, but also addresses a sensitive topic, namely that of the Schengen area and the technical fulfilment of admission conditions. In the practical part, empirical aspects of immigration in Romania are presented, as well as the evolution of attempts to cross the border illegally, the evolution caused by the war in Ukraine, and statistics regarding residence permit applications from the past 10 years

El rol de la transparencia contable en la prevención de la corrupción a través de prácticas globales

This article explores the impact of accounting transparency on the prevention of corruption, highlighting the importance of sound accounting systems as a means to promote organizational ethics and reduce illicit practices. In order to analyze the effects of accounting practices on governance, an exploratory desk review approach was used, examining previous studies and international accounting and auditing standards. The results highlight three key areas: the relevance of rigorous financial disclosure standards, the influence of senior management on the implementation of an ethical culture, and the challenges in adopting transparency practices. The discussion addresses how the lack of uniformity in regulations and organizational resistance to change limit the adoption of transparency systems, especially in developing countries. In conclusion, although accounting transparency is essential to reduce fraud and corruption, its effective implementation depends on regulatory harmonization, organizational leadership, and investment in adequate infrastructure, which are critical factors in building a globally trustworthy accounting environment.

Legal Certainty in Settlement of Criminal Cases through Restorative Justice

This article tries to examine the core of the problem, on how legal certainty is implemented in criminal case settlement through the principle of restorative justice. This research is doctrinal legal research that uses a legal approach in addition to a conceptual approach. Meanwhile, the analysis is carried out through qualitative analysis and grammatical interpretation, as well as systematic interpretation. The systematic interpretation is carried out by interpreting laws and regulations as part of the overall system of laws and regulations by connecting them with other laws logically and systematically. This article ends with a suggestion that there is a need for uniformity in regulations regarding the settlement of criminal cases through restorative justice so that it can provide legal certainty to victims and also perpetrators of criminal acts whose cases are resolved through restorative justice.

The Multiple Regulator Model: A Case of Too Many Cooks?

Abstract Regulation protects the third sector from mismanagement, provides data for policy development, and increases public trust and confidence in its organisations. Different agencies regulate Malaysian third sector organisations (TSO), based on their legal forms and varying activities or functions. Yet, can different regulations governing organisations with similar objectives effectively address issues affecting the sector as a whole? This study provides an overview of the Malaysian third sector regulatory landscape and examines the operational challenges caused by the multiple regulator environment. Third sector actors and regulators were interviewed to understand how they navigate legal and regulatory requirements. Findings show that regulation is hampered by discrepancies surrounding the interpretation and application of laws. This Malaysian study shows that regulatory inconsistencies affect the sector’s operational efficiency and diminish trust between the TSOs and regulators. Based on these findings, uniformity in regulation is crucial to build trust in the sector, as well as between actors and regulators.

The subsidiary rule-making processes in international air law: current issues of theory and practice

INTRODUCTION.Within the context of the theory of ‘the concordance of the wills of States’ developed in the Russian doctrine of international law and on the basis of the contemporary practice of States and international aviation organizations (in particular, International Civil Aviation Organization (ICAO)) the author examines the subsidiary rule-making processes in international air law as the integral part of the whole rule-making process of this branch of international law.MATERIALS AND METHODS.The present research has been conducted on the basis of international air law treaties, the resolutions and documents of ICAO, as well as the works of Russian and foreign international law experts. The methodology of the research is based upon general scientific and special methods, including dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal method.RESEARCH RESULTS.On the basis of his research the author has been able to achieve the following results: (1) detailed and precise classification of all acts, decisions and documents (including, in particular, numerous ICAO documents) concerning the activities of international civil aviation and adopted or approved within the framework of the subsidiary rule-making processes in international air law; (2) defining the practical importance of these subsidiary rule-making processes within the context of the whole rule-making process of international air law; (3) discovering current problems of the rule-making process in international air law and proposing possible ways of its improvements in view of the interests of the Russian Federation and international aviation community as a whole.DISCUSSION AND CONCLUSIONS.After examination of the subsidiary rule-making processes currently existing in the international air law it can be concluded that these processes are rather dynamic and well take into account the contemporary development of global aviation and the interests of different States. At the same time, the recent trends within ICAO and other international aviation organizations towards simplification and acceleration of such rule-making processes by way of shifting many substantial provisions from mandatory into non-mandatory acts and documents or through limitation of the States’ participation in these processes can negatively affect the States’ interests, impede the achievement of universal uniformity in regulations, standards and procedures and, eventually, even jeopardize the global aviation safety.

Confidentiality and Privilege in Mediation: Concepts in Need of Better Regulation and Explanation

This article compares the regulatory framework (consisting of common law, agreements to mediate and legislation) governing the allied concepts of confidentiality and without prejudice privilege as they apply to the mediation of non-family law civil disputes in Queensland, New South Wales and Victoria. The analysis demonstrates that there is: lack of uniformity in regulation between, and within various jurisdictions; inconsistencies and conflict between multiple sources of regulation; illogical gaps in the framework; and fragmented and inaccessible explanations where accessibility refers to the ability of mediation participants to find and understand relevant provisions. These features of the regulatory system explain, in large part, why mediation providers often fail to give the parties clear and comprehensive explanations about these important mediation concepts. The article concludes by highlighting some of the issues around which reform efforts need to be focused if the regulatory system, and access to relevant information, is to be improved.

Editorial Introduction: Governance, Citizenry, and Methodological Advancement in Policy Research

Editorial Introduction: Governance, Citizenry, and Methodological Advancement in Policy Research

Collision between Legal Regulations on the Protection of Personal Data and Legal Regulations on Archival Work

The paper deals with the topic of collision between legal regulations on the protection of personal data and the legal regulations on archival work. The legal regulation applied by the Personal Data Protection Agency in Bosnia and Herzegovina often conflicts with the legislation that regulates archival work and lays down retention periods in the Records Schedule for given documentation. Due to this lack of uniformity of regulations, Archives has often been faced with requests for destroying the kind of records which have to be permanently retained. The paper also proposes possible solutions for overcoming this problem by both protecting the rights of individuals and remaining consistent to archival legislation.

Has the uniformity of banking regulation within the European Union restricted rather than encouraged sectoral development?

The recent international financial crisis exposed many of the frailties that exist within the European banking sector. One major decision taken by the European Commission was to transition the powers of the Committee of European Banking Supervisors to that of the European Banking Authority (EBA). Our analysis focuses primarily on the differing behaviour by each European country's banking sector to major shocks, namely that in the form of bank closures. It is then necessary to investigate and further understand the role that the European Banking Authority now possesses with regards to releasing sensitive announcements based on the underlying currents of the European Banking system as measured by domestic banking sector stock returns. Finally, we investigate the cultural characteristics that can be uncovered by analysing the responses of domestic banking sectors to uniform regulation. We present three key findings. First, European countries with more local banking networks in the form of credit unions, public banks or savings banks, generate greater levels of volatility when compared to that of their commercial counterparts, particularly in countries with more monopolistic sectors. Secondly, the announcements of the European Banking Authority generate significant volatility effects for the European banking sector at large, with particular emphasis on stress testing results, but also announcements based on recapitalisation, regulation and transparency. Finally, cultural distance effects are identified, indicating that peripheral states are experiencing more substantial volatility effects to European Banking Authority decisions. These results indicate that uniformity of regulation may in fact be hindering and restricting the growth of some domestic and more peripheral and locally designed banking sectors in the form of rules designed for commercial banking operations.

Compost from organic solid waste: Quality assessment and European regulations for its sustainable use

Composting represents the most common option to recover material from the organic fraction of municipal solid waste, due to the possibility to use compost as a fertilizer. To this end the assessment of compost quality needs to be adequately enforced in national regulations. This work aims at reviewing European regulations regarding compost quality, in order to identify the most common parameters used to define compost characteristics as fertilizer. It was found that the majority of European States requires the fulfilment of specific criteria, but a lack of uniformity in regulations and guidelines can be observed. In particular the approach to the evaluation of stability and maturity, which account for compost safe use on soils, shows great heterogeneity throughout Europe. As stability and maturity go hand in hand, the proper characterization of compost toxicity should rely on the determination of both parameters. The results of an annual monitoring of compost under the Italian regulation highlighted, indeed, that the evaluation of the germination index can provide only partial information on the product maturity but not reliable operating indication on compost inhibitory properties.

Explaining uniformity in rule design: The role of citizen participation in enforcement

Uniform rules incur high aggregate compliance costs when agents are sufficiently heterogeneous. Despite this, uniformity remains a common feature in regulation. Focusing on the monitoring stage of enforcement, this paper highlights an underappreciated benefit of uniform rules. Uniformity of regulation can enhance the productivity of monitoring. We illustrate the general mechanism by showing that in the presence of members of the public that are willing and able to report violations to the regulator at a cost to themselves, uniform rules allow substituting third-party participation for costly own monitoring. However, socially desirable acts may have to be punished to generate deterrence for undesirable acts. Individualizing monitoring and enforcement and citizens acting on welfare considerations do not improve on the outcome.

The Randolph W. Thrower Symposium: Business Law: The Impact of Competition on Regulation - Introduction

The focus of the 2003 Emory Law Journal Randolph Thrower Symposium was on the impact of competition on regulation. Judge Frank Easterbrook warns of the public expense incurred for private gains in regulation, and of the rate of judicial error in antitrust regulation. Fred McChesney traces the intellectual history of the battle for the soul of antitrust, and the regulatory competition among state, federal and international regulators to be the most restrictive and visible regulators of the field. George Benston traces the failures of regulation that led to Enron and Sarbanes-Oxley, blaming lawyers, accountants and regulators for a move from standards to rules. Barry Adler and Henry Butler examine Delaware's current prominence in Chapter 11 reorganization, and argue that no theory supports a prediction of permanent preeminence of the kind observed in corporate law. Jonathan Macy traces the internationalization of regulation, and describes three forces that create international uniformity in regulation, while Henry Manne imagines a corporate world without regulation.

Who speaks for the consumer?

In 2002 and 2003, I was selected as a funded consumer representative and a member of the Board of Trustees of the National Association of Insurance Commissioners (NAIC). This abstract describes the experience and what it means to empower consumers. Although the example given is from the US, the principles are applicable to other countries.NAIC is the association of the chief insurance regulators of the 50 states, four territories, and the District of Columbia. As a consumer representative I attend four national meetings each year to speak up on behalf of the fair and equitable treatment of consumers. The purpose of NAIC is to improve state insurance regulation by facilitating a degree of uniformity of regulation among the states (Cude, 1997). To ensure that consumers were heard, NAIC created its Consumer Participation Program in 1992 (Cude, 1995).At a typical meeting, there are about 500 regulators, 1000 industry representatives, and 13 consumer representatives. Five of the 13 are selected to serve on the Board. The consumer representatives include professors, lawyers, economists, and community activists. Being so few in number, the question arises: How effective can we be? The fundamental responsibility is to represent consumers’ viewpoints, to give authority to or to voice their perspective that is the definition of empowerment. This quite literally means going to the microphones at NAIC meetings, but it also means working behind the scenes drafting policy and model laws.According to A. Coskun Samli (2001), empowering the consumer will benefit society as a whole. It will expand the economy. Serving as a consumer representative is indeed a worthwhile challenge, a chance to change things for the better.

Regulatory aspects of food irradiation in the Asia–Pacific region

Abstract The latest information on the countries in the Asia/Pacific region with approvals for food to be irradiated is provided. Differences in the type of regulations used are contrasted. However, progress has been made towards greater uniformity in regulations based around the Codex General Standard for Irradiated Food. Australia and New Zealand instituted, respectively, a moratorium and a ban on food irradiation in 1988. Australia has proposed a new draft Standard for food irradiation and this is the subject of public discussion under the Australia New Zealand Food Authority. The draft Standard is a prohibition with the possibility of exemptions being given on a case-by-case basis. Some details of the draft Standard are provided.

Gamete donation guidelines. The Corsendonk consensus document for the European Union

IntroductionA multidisciplinary group of experts met in Paris in 1993and in Corsendonk in 1995 under the auspices of theEuropean Community (DG XII) to exchange informationon gamete donation and semen banking in many countriesof Europe.It was recognized during both workshops that the legislation,regulations and practices could differ greatly from one countryto another. There could also be differences from one centre toanother in the same country.It has been agreed that uniformity of regulations need notbe imperative in Europe. Different experiences and practicesadopted in the various European countries must be evaluatedand compared, and when necessary, evolution of practices andmodifications should be undertaken. Nevertheless, it wasthought that minimum requirements had to be respected bythose running donor gamete programme in Europe, inorder to ensure safety and good practice for patientsand donors.A consensus document, covering sperm as well as eggdonation, was drafted after the 1995 meeting, revised andsubmitted to a critical discussion at an Andrology SpecialInterest Group Workshop during the 1996 ESHRE meetingin Maastricht. The result is a document which attempts tostandardize important standard health-related elements whilstrespecting each one’s autonomy on ethical aspects.Some statements are mandatory for professionals involvedin gamete donation; these are prefixed by the words ‘must be’in the guidelines. Other statements are more or less stronglyrecommended according to local situations, but their applica-tion should be an objective. These are prefixed by the words‘should be’ in the guidelines.500

Freedom of the Air and the Convention on the Law of the Sea

Public international air law is based on two principles. The first recognizes each state’s full and absolute sovereignty over the air above its territory and territorial waters, including the right to impose its jurisdiction over such airspace. Thus, a state may require any foreign aircraft in its airspace, even if only briefly in transit, to comply with its air transport regulations, for example, those concerning the aircraft and its crew, navigation, and the environment. This right, however, is subject to those international treaty obligations the state has assumed in the interest of safe and efficient air transport. The Convention on International Civil Aviation (hereinafter referred to as the Chicago Convention), generally regarded as the Magna Charta of public international air law, requires each contracting state to “collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation.” To this end, the International Civil Aviation Organization (ICAO) was granted the power to adopt international standards and recommended practices and procedures dealing with matters such as communication systems and air navigation aids, rules of the air and air traffic control practices, as well as registration and identification of aircraft. Contracting states, however, retained the right to depart from such standards or recommended practices, provided they notified the Organization of the differences between their national regulations and those prescribed by an international standard.

National policies for medical licensure through the Federation of State Medical Boards.

The Federation of State Medical Boards (FSMB), founded in 1912, is a voluntary, nonprofit agency composed of 62 licensing authorities (the medical boards of the 50 states and 12 other authorities). The Federation has strived since its founding to advance the quality and uniformity of regulations and procedures for medical licensure and for ensuring the continuing competence of those who are licensed to practice medicine. Although the qualifications for licensure that are used by the various states and territories vary, they all include three general requirements: the high moral and ethical character of the candidate, the successful completion of a . . .