42 CFR 8.34 - Court review of final administrative action; exhaustion of administrative remedies.

Science.gov (United States)

2010-10-01

... HEALTH AND HUMAN SERVICES GENERAL PROVISIONS CERTIFICATION OF OPIOID TREATMENT PROGRAMS Procedures for... Withdrawal of Approval of an Accreditation Body § 8.34 Court review of final administrative action...

The control density of the administrative courts with regard to nuclear licensing

International Nuclear Information System (INIS)

Deppe, V.

1982-01-01

A possibility does not exist to limit the extent of the activities of administrative courts with regard to the control of the nuclear license decision by a shifting of one part of the ultimate decision competence from the jurisdiction to the executive. The responsibility of the administrative courts which is established in the constitution gives them a comprehensive controlling function with regard to nuclear licensing. Their right of ultimate decision, which is established in the constitution, corresponds to a duty of ultimate decision, which is of paramount importance in such a fundamental law relevant area, as it is nuclear law. The legislator has to help the overburdened courts. The courts themselves are bound to their responsibility as it is laid down in the constitution and the Atomic Energy Act to guarantee legal protection so that any form of self-restraint is inadmissable. (orig./HSCH) [de

Federal Administrative Court, judgement of December 17, 1986 (nuclear power station at international border)

International Nuclear Information System (INIS)

Anon.

1987-01-01

In its decision of December 17, 1986, the Federal Administrative Court accepted the right of action of Dutch borderers against an atomic licence for a German nuclear power plant. The necessary involvement according to sec. 42 Paragraph 2 of the Administrative Court Procedure Act results from the violation of the third party protection provision in sec. 7 Atomic Energy Act. (WG) [de

Original jurisdiction of the Superior Administrative Court for litigation on licensing of large-scale commercial plants

International Nuclear Information System (INIS)

Ule, C.H.

1983-01-01

Proceeding from the suggestion of the Bundesrat (Deutscher Bundestag, Document 9/1851) concerning the draft of Rules of the Administrative Courts (VwGO), according to which original jurisdiction of the Higher Administrative Court (OVG) is to be introducing legel actions concerning the licensing of large scale installations in the field of energy, the author points out the now existing regulations and former ones in administrative jurisdiction and criminal jurisdiction by which legal protection is limited to a court of first instance which is competent for fact-finding (e.g. sec. 138 Para. 1 Act of compulsory consolidation of the boundaries of land (FlurbG), sec. 47 Rules of the Administrative Courts (VwGO), sections 24 Para. 1 No. 3, 74 Para. 1 p. 2 Judicature Act (GVG). He tries to transfer the idea of accelerating legal procedure from the model of the Criminal Court in criminal jurisdiction to administrative jurisdiction. Finally, the author examines the question whether cutting down the length of proceedings is really necessary, or if the same result could be reached by making an appeal subject to special admission. (HP) [de

Responsibility of the administration and control by the courts

International Nuclear Information System (INIS)

Papier, H.J.

1987-01-01

This contribution examines the scope of control of the administrative courts by closer looking at the field of tension between the demand for more protection of the individual's right, and for more indicial control on the other hand. One proposal for solving the problem is that the legislature might restrict judicial control to watching over the principle of justifiability, and there are other suggestions discussed that seek solutions in the field of procedural law, or substantive law. Other aspects discussed include a curtailment of the scope of discretion of authorities, or of local governments. As for years now there hasn't been any nuclear power plant that could start operation on the basis of uncontested licences, the administrative legal protection in this field seems to be disfunctional. The courts themselves can contribute a lot to preventing disfunctionality, but the legislature is mainly responsible for this development, and should be the first to counteract. (HSCH) [de

19 CFR 141.14 - Deceased or insolvent consignees and court-appointed administrators.

Science.gov (United States)

2010-04-01

... 19 Customs Duties 2 2010-04-01 2010-04-01 false Deceased or insolvent consignees and court-appointed administrators. 141.14 Section 141.14 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION... administrators. The executor or administrator of the estate of a deceased consignee, the receiver or other legal...

Transformational Leadership in the Estonian Defence Forces

Directory of Open Access Journals (Sweden)

Antek Kasemaa

2015-06-01

Full Text Available Purpose – The study is a contribution to the validation of the 15 items and 5 subscales Transformational Leadership Scale (TLS proposed by Rafferty and Griffin (2004. Design/methodology/approach – The sample includes participants from different levels of the Estonian Defence Forces (EDF military hierarchy (N=2570. The structure of the TLS was examined by using exploratory and confirmatory factor analyses. Additionally ANOVA was used to compare the results between different subsamples. Findings – TLS showed satisfactory reliability. Confirmatory factor analyses found TLS as valid five dimensions instrument to measure transformational leadership in the Estonian military context. Different management levels showed different emphases among the dimensions of transformational leadership. Research and practical limitations/implications – TLS will be an important tool to use in transformational leadership research in the Estonian military context and beyond. Additionally, the current research contributes to the development of alternative measurement tools besides the most commonly used MLQ. The limitation of the work will be the rather homogenous sample from the Estonian military, however it will open the door for the subsequent research using different samplings. Originality/value – The current research found TLS to be a reliable and valid instrument, very short and therefore easy to administrate, having the possibility to use it with five dimensional and as one general transformational instrument as well.

Federal Administrative Court dismisses action of a nuclear power opponent against Grafenrheinfeld nuclear power plant

International Nuclear Information System (INIS)

Anon.

1980-01-01

With its decision of April 30, 1980 - BVerwG 7 C 88.79-, the Federal Administrative Court has dismissed an appeal against the decision of the Bavarian Administrative Court, in which the plaintiff's action had been dismissed. The cost of the appeal suit will be paid by the plaintiff. The value in litigation was set at DM 20,000 for the appeal proceedings. The grounds for the decision are given in full wording. (orig./HP) [de

The nuclear power station verdicts in the Freiburg administrative court and the Wuerzburg administrative court in March 1977

International Nuclear Information System (INIS)

Haeusler, D.

1977-01-01

The verdicts which followed in rapid sequence by the Freiburg Administrative Court on the 14th March 1977 in the dispute about the Wyhl nuclear power station, and by the 25th March concerning the dispute about the Grafenrheinfeld nuclear station have attracted special interest because of their controversial judgements on the requirement for a 'burst-protection'. But they also demonstrate in the further decisions and their bases that there are still many legal questions in atom law which have not yet been made absolutely clear. The author attemps to show points of agreement and of antithesis in the verdicts, and adopts an attitude. (orig.) [de

Obrigheim nuclear power plant. Federal Administrative Court, judgement of June 7, 1991. BVerWG 7 C 43.90

International Nuclear Information System (INIS)

Anon.

1991-01-01

With its judgement the Federal Administrative Court has reversed the decision of the Administrative Court of Justice (VGH) Baden-Wuerttemberg from May 1990. Legally incorrect the VGH has assumed that the nuclear power station Obrigheim was in operation without necessary license as the second operating license was limited to a test run and the time past was to long for a test run. In the opinion of the Federal Administrative Court by giving a license for the test run without determinating a limit in time permanent operation is not definitively permitted, but it is permitted until the office takes a decision about the end of the test run. (orig.) [de

Means of determining the condition of insanity in administrative proceedings based on the court practice

Directory of Open Access Journals (Sweden)

Tatyana Mikhailovna Sekretareva

2015-06-01

Full Text Available Objective in the absence in the Russian administrative legislation of the provisions on the procedure and the ways to detect the condition of insanity of a physical person who has committed an administrative wrongful act there is a variety of lawenforcement acts for the resolution of these issues. In order to further systematize the enforcement acts for the resolution of these issues we consider it necessary to assess the practical application of the provisions of Article 2.8 quotInsanityquot of the Administrative Code by the courts in different Russian regions. Methods the methodological basis of research is the general scientific dialectic method of cognition the author used methods such as analysis synthesis description explanation. Results the author has conducted an analysis of practice of application of the provisions of Article 2.8 quotInsanityquot of the Administrative Code by courts of the Russian Federation. On the basis of this analysis it is found that courts use different methods of establishing the state of insanity of the person who committed the violation of the legislation on administrative offences. This is due to the fact that the courts base on a variety of actual data when establishing the state of insanity in the resolution of specific cases. These actual data were combined into 4 groups. Each method for establishing the state of insanity was evaluated which allowed to conclude about the need to organize the actions of individuals considering the cases on administrative offences aimed at defining the state of insanity of the offender and to offer one of the possible options for resolving the identified problems. Scientific novelty for the first time the analysis of practice of application of Article 2.8 quotInsanityquot of the Administrative Code was made and the author39s assessment of its provisions is given. Practical value the results of the study can be used for the generalization of judicial practice at the level of

Valued Estonian Music CDs

Index Scriptorium Estoniae

2004-01-01

2002. aastal välja antud eesti muusika heliplaatidest Artur Kapp "Symphonische Werke", Eduard Tubin "Symphonies No.9, No.10 and No.11", "Estonian Preludes", "Eesti heliloojad. Hortus Musicus", "Eesti Muusika Päevad", "Tallinn Saxophone Quartet. Estonian Contemporary Music", "Triskele. Kolga-Jaani vaimulikud rahvalaulud", "Helmekaala. Linnupuu Anne", "Modern Fox mängib Raimond Valgret",

Assisting the High Administrative Court in Restricting Too Broad a Concept of Academic Judgment.

Science.gov (United States)

Cardao-Pito, Tiago

2016-01-01

I have received substantial monetary compensation and a formal apology from my first doctoral school, and a Ph.D. from another university. This essay describes my personal view on discussing the boundaries of academic judgment and research supervision with the ombudsman agency for higher education, and at the High Administrative Court of England and Wales. The Court's judicial doctrine addresses substantial research accountability matters. It clarifies that although the Court and ombudsman agency must not interfere with academic judgment, not everything done by an academic can be considered as academic judgment. A Ph.D. supervisor can seriously fail to perform his/her duties.

Current Administrative court practice in the procedure of Public Procurement

Directory of Open Access Journals (Sweden)

Silvio Čović

2017-01-01

Full Text Available Under the current conditions of complex and difficult economic and social circumstances and given the comparative possibilities and economic effects, the system of public procurement which is firstly at a legal level regulated by the Public Procurement Act 8 (Zakon o javnoj nabavi of 2011 (further referred to as: PPA (ZN, is of particular importance for the entire legal, political and economic system of the Republic of Croatia. Public procurement in essence represents contracting the procurement of goods, works or services. The specifities of that system are comprised, above all, of regulation of entering contractual relations between the public and private sector. Therefore, this system in principle must be formal in order to protect equality of competitors in the public procurement procedure and also in the general interest. Appreciating the legal tradition and indigenous particularities, the author’s fundamental aims consisted of providing and analysing administrative court practice in the context of international legal acquis communautaire showing some legal regulation in practice of disputable aspects of the system of public procurement in Croatia and the doubts emerging from current administrative court practice.

Federal Constitutional Court - report on Court decisions 1984 no. 40-56

International Nuclear Information System (INIS)

Berkemann, J.

1985-01-01

The decision deals with the question to which extent administrative courts have to examine the case in summary proceedings against licences pursuant to Atomic Energy Law. The Federal Constitutional Court examines the question if the administrative court has, in checking the chances, misjudged the importance of the appellant's fundamental rights and thus infringed his constitutionally protected position. In this case, the Court comes to the result that after having adjusted the determined interests, the confirmation of immediate execution did not infringe the fundamental rights of the appellant. (HP) [de

On the System of Person-Denoting Signs in Estonian Sign Language: Estonian Name Signs

Science.gov (United States)

Paales, Liina

2010-01-01

This article discusses Estonian personal name signs. According to study there are four personal name sign categories in Estonian Sign Language: (1) arbitrary name signs; (2) descriptive name signs; (3) initialized-descriptive name signs; (4) loan/borrowed name signs. Mostly there are represented descriptive and borrowed personal name signs among…

[Mati Erelt. Estonian Language] / Katrin Hiietamm

Index Scriptorium Estoniae

Hiietamm, Katrin

2004-01-01

Arvustus: Estonian language / [Estonian Academy of Sciences] ; edited by Mati Erelt.Tallinn : Teaduste Akadeemia Kirjastus, 2003. 412, [1] lk. : ill., kaart. (Linguistica Uralica. Supplementary series, 0868-4731 ; vol. 1)

Is the German Federal Constitutional Court off course? Some thoughts on the control intensity of administrative case law

International Nuclear Information System (INIS)

Wuerkner, J.

1992-01-01

The article comes to the overall conclusion that the efforts of the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) to make the protection of basic rights more effective by largely restricting the discretionary powers of the administration, as justified as this may be from the point of view of general constitutional law, ultimately leads to legal uncertainties for both legal practitioners and persons seeking legal remedies. It is not only that court proceedings will be delayed by the increased necessity to consult outside experts, but also the practising administrative judges themselves will only slowly be able to adjust to the new situation. It remains to be seen whether the Federal Administrative Court (Bundesverwaltungsgericht) will be able to finally provide for the necessary clarity in the foreseeable future. (orig.) [de

Federal Administrative Court dismisses appeal of the city of Schweinfurt in the matter of Grafenrheinfeld nuclear power plant

International Nuclear Information System (INIS)

Anon.

1980-01-01

With its decision of April 30, 1980, - BVerwG 7 C 91.79 - the Federal Administrative Court has dismissed the appeal of the city of Schweinfurt against the interim decision of the Bavarian Administrative Court of April 9, 1979. The cost will have to be paid by the plaintiff. The value of the appeal suit is set at DM 100.000. The main grounds for the decision are given in full wording. (orig./HP) [de

Estonian Business Schooli magistriharidus nüüd ka koju kätte / Madis Habakuk

Index Scriptorium Estoniae

Habakuk, Madis

2007-01-01

Sügisest hakkab Estonian Business School koos Mainori Kõrgkooliga pakkuma magistriõpet majandushariduseta inimestele, kus soovijatel on võimalus õppida EBSi Master of Business Administration programmi järgi

Federal Administrative Court refused to declare the first partial license of the Muelheim-Kaerlich reactor null and void

International Nuclear Information System (INIS)

Anon.

1980-01-01

In its decision of July 17, 1980, the Federal Administrative Court dismissed the appeal lodged by an appelant against the dimissal by the Supreme Administrative Court concerning the nullity of the first partial licence for the Muelheim-Kaerlich reactor as being unfounded. In doing so, the issue of nullity has been marked off from the issue of foreclosure of demurers. The amount in ligitation was fixed at 20000 DM for the proceedings of appeal. (HSCH) [de

Superior Administrative Court of Mannheim. Judgement of March 30, 1982 (Wyhl)

International Nuclear Information System (INIS)

Anon.

1983-01-01

This publication deals with the decision of March 30, 1982 of the Superior Administrative Court of Mannheim, dismissing the action for annulment of the first part-construction permit for Wyhl nuclear power plant. The publication discusses that part of the Court's statements dealing with the term nuclear installation within the purview of the Atomic Energy Act, section 7, sub-section (1). According to the statement, the term ''nuclear installation for the fission of nuclear fuel'' includes not only that part of an installation where fission takes place but also those components including the surrounding buildings which serve the nuclear purpose of the installation and which thus are subject to the same standards and regulations relating to safety engineering and air pollution control. This definition includes switchgear buildings, reactor auxiliary equipment buildings, the engine house, and cooling water systems including cooling towers. (CB) [de

Federal Administrative Court denies the International Union for the Protection of Life the right to file suit

International Nuclear Information System (INIS)

Anon.

1980-01-01

In its decision of July 16, 1980, the Federal Administrative Court dismissed the appeal lodged by the International Union for the Protection of Life against the dismissal by the Supreme Administrative Court concerning the action to set aside the preliminary decision on the Kruemmel reactor. The Court denied its right to file suit. The amount in ligitation was fixed at 20000 DM. The appelant cannot assert that his rights are being violated. The appelent's commitment to protect life is not hindered in an administrative way by the preliminary decision. Only members of the association could put forward that the basic rights of the individual protected in Art. 2, Sect. 2 of the Basic Law are being endangered. Section 7 (2) of the Atomic Energy Law does not serve to protect the freedom of association, it gives third party protection for associations only in case of property damage. Neither can the right to file suit be derived for the addressee of a decision from Section 4 (2) of the Ordinance concerning the procedure for licensing nuclear installations. (HSCH) [de

Estonian white paper on energy

International Nuclear Information System (INIS)

Hamburg, Arvi

1997-01-01

Energy policy, environmental protection and economy form a triangle of tightly linked sectors, and any solution of some energy problem can be solved only in the light of all the above mentioned factors. There are several energy master plans for Estonia, the first of them dating back to the years of the Soviet Union and ending the list with the plan to cover the years up to 2000. By now the basic principles of the Estonian energy policy have been prepared and Estonian Energy Concept is being worked out. The main goal of Estonian energy policy is ensure an effective and environmentally benign energy supply for the country. It means safety in energy supply, effective production and supply together with sufficient environmental protection. Energy Council in the role of an advisory voluntary organization for inspection of the energy system and finding measures to improve its efficiency is established with parliament members included. The Estonian Energy Research Institute and the Oil--Shale Research Institute serve as a scientific advisory board for the government in energy policy. It's important to emphasise that privatisation is no panacea, solving all the problems, and therefore we are facing hard to move in the right direction, satisfying all the consumers of energy

Logistics in Estonian business companies

Directory of Open Access Journals (Sweden)

A. Kiisler

2008-12-01

Full Text Available The article describes logistics survey in Estonia carried out in 2007 as a part of the LogOnBaltic project. The level of logistics in Estonian manufacturing, trading and logistics companies is explored through logistics costs, performance indicators, outsourcing, ICT use and logistics self-estimation of the companies responded. Responses from 186 Estonian companies were gathered through a web-based survey (38% of manufacturing, 38% of trading and 24% of logistics sector. Logistics costs as the percentage of turnover make in average 13.8% in manufacturing and 13.3% in trading. Transportation and inventory carrying cost form around 70% of overall logistics costs. Considering the logistics indicators surveyed, Estonian companies show up with relatively low perfect order fulfillment rates, short customer order fulfillment cycles and effective management of cash flows. The most widely outsourced logistics function is international transportation followed by domestic transportation, freight forwarding and reverse logistics. By 2010, the outsourcing of IT systems in logistics followed by inventory management, warehousing and product customization is expected to increase more substantially. The awareness of logistics importance is still low among Estonian companies. Only 27–44% of those agree that logistics has a considerable impact on profitability, competitive advantage, top management or customer service level.

Offshore wind energy: the Nantes administrative court gives its first decisions

International Nuclear Information System (INIS)

Deharbe, David; Deldique, Lou

2017-01-01

In May 2017, the Nantes administrative court gave a restrictive appraisal to the acting interest of associations and cities contesting the installation and exploitation approval of a wind farm off Saint Nazaire coast and rejected the different arguments put forward by the opponents of the project. This decision suggests a probably favorable jurisprudence for the forthcoming offshore wind farm projects. This paper presents the explanatory statement and comments the conclusions of the judgement

Are administrative courts a stumbling block in the installation of industrial-size plants

International Nuclear Information System (INIS)

Albers, H.

1983-01-01

The author analyses the immediate impacts of preliminary legal redress and the time schedule of administrative procedures. Tables are presented to show the time lag caused by legal procedures in case of individual nuclear power plant construction. The indirect consequences emanating from administrative court proceedings are studied and more deeply lying causes of delays are explained. The author concludes by calling for better standardization as a basis for licensing procedures, for instance by working out a reactor safety ordinance. (HSCH) [de

Digimodernistlik eesti kirjanik / The Digimodernist Estonian Writer

Directory of Open Access Journals (Sweden)

Piret Viires

2013-06-01

Full Text Available The article examines the cultural situation following postmodernism in the first decade of the 21st century. To characterise this situation, the umbrella term “post-postmodernism” is used, as well as “neomodernism”, “altermodern”, “metamodernism”, “hypermodernity”, “performatism”, “critical realism” etc. All these approaches are, in a wider sense, united by their aim of opposing postmodernist cynicism and irony, and bringing back truth, simplicity and clarity. It has also been found that literature has returned or is returning to realism, and various cultural phenomena are emerging, which have been designated by the concept “new sincerity”.In descriptions of the current cultural situation, this trend seeking truth and simplicity is supported by approaches which emphasise the significance of technological developments during the last decade. A prominent figure here is Alan Kirby, who launched the term “digimodernism”, mainly linked with the adaptation and spread of Web 2.0 at the beginning of the 21st century: the blogosphere, Wikipedia, Twitter and Facebook.The article seeks answers to the question of whether we can talk about digimodernism in Estonian literature in the 2000s. In the 1990s Estonian writers were quite reluctant to undertake computer-technological experiments, and there are only a few examples of Estonian digital literature, whereas a change occurred in the 2000s. Many Estonian writers have had and still have their own blogs and surprisingly many have joined Facebook. The term “twitterature” is also familiar to Estonian writers. The article tackles the dominant topics in the blogs of Estonian writers and analyses their possible collective creative work on Facebook. A question is raised as to whether it is possible that the fragmentary narrative structure of blogs and Facebook has influenced mainstream literature.The article concludes that one essential change in Estonian literature in the

Status of Court Management in Switzerland

Directory of Open Access Journals (Sweden)

Andreas Lienhard

2012-12-01

Full Text Available At an international level, and in particular in the Anglo-American region, there is a long tradition of scientific study of court management. Thus in Australia there has for quite some time been the Australasian Institution of Judicial Administration (AIJA, which concerns itself with every aspect of court administration. In the USA too, research and education in the field of court management has been institutionalized for a long time, in particular by the National Center for State Courts (NCSC and the related Institute for Court Management (ICM. In Europe, a working group known as the European Commission for the Efficiency of Justice (CEPEJ deals with issues of court management as part of the activities of the Council of Europe. The fact that court management is also increasingly becoming an important topic in the European area was demonstrated by the establishment, in 2008, of a new professional journal that focuses on court management, the International Journal for Court Administration (IJCA. In Switzerland, the issue of court management was discussed for the first time in the course of the New Public Management (NPM projects in the cantons, but was often limited to the question of whether to include the courts in the relevant cantonal NPM model. Generally speaking, court management was a matter that was only sporadically raised, such as at a symposium of the Swiss Society of Administrative Sciences (SSAS in 2003 or more recently in an article in which theses on good court management are formulated. In Switzerland even today there is a general dearth of empirical and other theoretical findings on the mode of operation of the justice system and its interaction with society, or with specific social target groups. For example, it was only in 2009 that the first indications were obtained of how cases in various categories were handled by the highest administrative and social insurance courts in Switzerland. In the fields of criminal and civil

Court decisions: Preclusion clause prevents operating stop for Kruemmel nuclear power plant. [Administrative Court of Schleswig, decision 12D 79/83 of Oct. 5, 1983

Energy Technology Data Exchange (ETDEWEB)

1984-01-01

According to section 7b of the Atomic Energy Act, once an incontestable permit has been given under section 7 of the Atomic Energy Act, third parties do not have a right of appeal in any subsequent licensing procedure if the said appeal is based on facts which have been put forward already, or could have been brought forward by any third party having had access to information or to the preliminary licence laid open for public inspection. If the licensing authority decided within the margin of discretion provided by the law, the administrative court may not replace this discretion by discretion of the court. If in accordance with section 1 of the Atomic Energy Act an examination of the issues involved may result in a possible decision confirming the licensing authority's view or also the court's view, the court is obliged to accept the decision taken by the licensing authority, due to the principle of separation of powers, unless the licensing authority decided on the basis of incorrect or irrelevant facts, or left out of consideration facts of major importance.

Ethnic Self-Esteem and Intergroup Attitudes Among the Estonian Majority and the non-Estonian Minority

Directory of Open Access Journals (Sweden)

Maaris Raudsepp

2009-11-01

Full Text Available The study was focussed on the relationships between ethnic self-esteem and various indicators of intergroup attitudes in a representative sample of adult population of Estonia (N=1142. Attitudinal variables that discriminated most between persons with high and low ethnic self-esteem were identified. Among Estonians ethnic self-esteem was related to positive ingroup bias, readiness for outgroup contact, perceived threat from the outgroup, attitudes to non-Estonian minority, and attitudes toward minority integration. Among non-Estonians ethnic self-esteem was related to readiness for outgroup contact, ethnic sterotypes, and various attitudes towards minority integration. An attempt was made to reconstruct the system of intergroup attidues of prototypical persons with high and low ethnic selfesteem and to describe psychological implications of high and low ethnic self-esteem for members of majority and minority groups. Various theoretical models (social identity theory, integrated threat theory, social dominane theory were used for interpretation of the results.

Joakim Helenius: Estonian Air võtku eeskuju airBalticust / Siim Sultson

Index Scriptorium Estoniae

Sultson, Siim

2010-01-01

Estonian Airi ühe võimaliku nõukogu esimehe Jaokim Heleniuse hinnangul on väikeste lennufirmade, nagu Estonian Air ja airBaltic jaoks päris palju tegutsemisruumi. Estonian Airil tuleb leida oma nišš ja kindel, kuid omanäoline strateegia

Compact storage of fuel elements. Higher Administrative Court of Hesse, judgement of March 4, 1985

International Nuclear Information System (INIS)

Anon.

1985-01-01

Licenses for nuclear installations pursuant to the Atomic Energy Act are not contrary to the ordre public. If an objection against an administrative procedure concerning a nuclear installation is delayed, the objector will be excluded from the administrative procedure. The exclusion also refers to the administrative court procedure following the licensing procedure under Atomic Energy Law. Due to the exclusion an action to rescind cannot be taken, nor can it be replaced by an action against a public authority to enforce the cancellation of the nuclear license. (orig./HSCH) [de

At the Intersection between Expropriation Law and Administrative Law: Two Critical Views on the Constitutional Court's Arun Judgment

Directory of Open Access Journals (Sweden)

Ernst Jacobus Marais

2016-08-01

Full Text Available In Arun the Constitutional Court held that section 28 of the Land Use Planning Ordinance (LUPO vests all land indicated as public roads on a development plan in the local authority upon approval of such a plan. This includes land that is in excess of the normal need of the development. The appellant must hence be compensated for the "expropriation" of such excess land if the provision is to comply with section 25(2 of the Constitution. This ruling is problematic for both expropriation law and administrative law. In terms of section 25(2 four objections may be raised against the Arun decision. Firstly, it disregards the function of the public interest requirement for expropriation, as understood in view of the law-of-general-application requirement (which, in turn, is informed by the legality principle. The state cannot expropriate property for purposes that are ultra vires (or ulterior to the authorising legislation. Yet the Arun court seems to allow just this by permitting the local authority to acquire land unrelated to the normal need of the development against payment of compensation instead of setting the attempted expropriation aside. The judgment, secondly, ignores the role of compensation under section 25(2. Merely paying compensation to an affected party cannot turn an invalid expropriation into a valid one, since compensation is merely the result of a valid expropriation and not a justification for it. Thirdly, it makes the distinction between deprivation and expropriation pivot on the effect of the property limitation, which is unable to properly distinguish between these two forms of limitation in all instances. Finally, Moseneke DCJ's ruling seems to afford an election to litigants who are affected by materially defective expropriations to choose whether to accept the expropriation and claim compensation or to have it reviewed and set aside under PAJA. This election, if it indeed exists, subverts the principles of expropriation law

Swedish-Estonian energy forest research cooperation

International Nuclear Information System (INIS)

Ross, J.; Kirt, E.; Koppel, A.; Kull, K.; Noormets, A.; Roostalu, H.; Ross, V.; Ross, M.

1996-01-01

The Organization of Estonian energetic economy is aimed at cutting the usage of oil, gas and coal and increasing the local resources firewood, oil-shale and peat for fuel. The resources of low-valued firewood-brushwood, fallen deadwood etc. are available during the following 10-15 years, but in the future the cultivation of energy forest (willow) plantations will be actual. During the last 20 years the Swedish scientists have been extensively studying the willow forest selection, cultivation and use in energetics and waste water purification systems. A Swedish-Estonian energy forest research project was started in 1993 between the Swedish Agricultural University on one hand and Toravere Observatory, Institute of Zoology and Botany, Estonian Academy of Sciences and Estonian Potato Processing Association on the other hand. In spring 5 willow plantations were established with the help of Swedish colleagues and obtained from Sweden 36000 willow cuttings. The aim of the project: a) To study experimentally and by means of mathematical modelling the biogeophysical aspects of growth and productivity of willow plantations in Sweden and Estonian climatological conditions. b) To study the possibility of using the willow plantations in waste waters purification. c) To study the economical efficiency of energy forest as an energy resource under the economic and environmental conditions of Estonia. d) To study the economic efficiency of willow plantations as a raw material for the basket industry in Estonia. e) To select the most productive and least vulnerable willow clones for practical application in energy plantations. During 1993 in all five plantations detailed analysis of soil properties has been carried out. In the plantation at Toravere Observatory phytometrical measurements were carried out - the growth of plant biomass leaf and stem area, vertical distribution of dry matter content, biomass and phyto area separately for leaves and stems has been performed. Some

Estonian Air lõpetab Pariisi ja Vilniuse lennud / Hindrek Riikoja

Index Scriptorium Estoniae

Riikoja, Hindrek

2005-01-01

Talvisele lennuplaanile üleminev Estonian Air lõpetab otselennud Tallinnast Vilniusesse ja Pariisi. Estonian Airi presidendi Borge Thornbechi sõnul kavatseb firma suurendada talvehooajal turismilendude mahtu

Supreme Court Update

Science.gov (United States)

Taylor, Kelley R.

2009-01-01

"Chief Justice Flubs Oath." "Justice Ginsburg Has Cancer Surgery." At the start of this year, those were the news headlines about the U.S. Supreme Court. But January 2009 also brought news about key education cases--one resolved and two others on the docket--of which school administrators should take particular note. The Supreme Court updates on…

Air Baltic: Estonian Air on nurka surutud / Teele Tammeorg

Index Scriptorium Estoniae

Tammeorg, Teele

2010-01-01

Air Balticu asepresidendi Janis Vanagsi hinnangul on Estonian Air aastaid jätnud tähelepanuta oma peamised turismiturud ning on praegu halvas seisus. Air Baltic on endiselt huvitatud Estonian Airi ostust. Majandus- ja kommunikatsiooniminister Juhan Partsi seisukoht

The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court?

International Nuclear Information System (INIS)

Zimmermann, B.

1992-01-01

The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court? The article examines questions of recourse to the competent court, problems concerning the admissibility of legal proceedings before the Federal Admininstrative Court, the competence of the Laender in performing administrative acts on behalf of the Federation, the effectiveness of legal protection and the relationship between the Laender and the Federation in terms of responsibility for constitutional rights. The legal protection offered by administrative law, against a directive of the Federal Government is wholly ineffective, as there is no legal position a Land could bring into play to defened itself against a directive leading to unlawful action. Inequites which thus occur can however be met via a dispute between the Federation and the Laender as provided by the constitution, as the content of a directive becomes relevant in attempts to exert influence on the competence issue. Ultimately the rulings of the Basic Law on competence serve to protect the citizen and the community against excesses. In this connection the constitutional rights in their capacity as negative competence rulings disqualify executive acts. (orig./HSCH) [de

School Discipline in the Dark: Crippling Court Confusion Offers Mixed Messages for School Administrators Attempting to Discipline Students for Cyber Misconduct

Science.gov (United States)

Summers, Beth A.

2013-01-01

This dissertation examines the demarcation line of school authority between off campus conduct and on campus discipline involving student cyber speech. A lack of clear direction from the Supreme court has left school administrators wading through a quagmire of advice and disparate lower court rulings regarding their authority to punish students…

Estonian Air valmistub odavate piletitega EasyJeti tulekuks / Erkki Erilaid

Index Scriptorium Estoniae

Erilaid, Erkki

2004-01-01

Estonian Air pidi langetama piletihindu Berliini ja Londoni liinil kolmandiku võrra, kuna oktoobri lõpust hakkab Tallinna lennujaamast reise tegema uus odavlennufirma Easy-Jet. Lisa: Estonian Airi hinnad internetis

Estonian Airi president : uus äristrateegia toob ettevõttele edu / Borge Thornbech ; interv. Andres Reimer

Index Scriptorium Estoniae

Thornbech, Borge

2007-01-01

Estonian Air asutas regionaalsete lendude korraldamiseks ettevõtte Estonian Air Regional, idee on arendada tegevust lühidistantsidel ja luua ühenduslüli lennukompanii Euroopa-liinide vahel. Kommenteerivad Olev Schults, Oleg Harlamov, Rein Mark. Vt. samas: Kõik aktsionärid vannuvad Estonian Airile truudust; Estonian Air kaalub Tartu lennuliini avamist. Kaart: Reisijate jagunemine sihtkohtade vahel. Graafikud: Estonian Air kukkus kahjumisse

20 CFR 404.984 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

Science.gov (United States)

2010-04-01

... Council review of administrative law judge decision in a case remanded by a Federal court. (a) General. In... final decision in your case or subsequently considered by the administrative law judge in the... of the Commissioner after remand, or it will remand the case to an administrative law judge for...

Realisation of power systems and European nature conservation. The actual jurisdiction of the Federal Administrative Court; Realisierung von Energieanlagen und europaeischer Naturschutz. Die aktuelle Rechtsprechung des Bundesverwaltungsgerichts

Energy Technology Data Exchange (ETDEWEB)

Anger, Christoph [avocado rechtsanwaelte, Koeln (Germany)

2011-03-15

For a long time, the right of nature conservation and landscape conservation showed a shadowy existence in the approval of projects. Some actual decisions of the Supreme Court show that in the last years the nature conservation law developed to a central area of conflict in the licensing procedure. The contribution under consideration reports on the legal material using three selected problem areas from the law on the protection of area and law on the protection of species. On the one hand, the Federal Administrative Court (Leipzig, Federal Republic of Germany) always upgrades the requirements. However, on the other hand the Federal Administrative Court attaches great importance to practicability. The Federal Administrative Court often points to a way, how projects can be realized with a careful nature conservation related attendance also at difficult environmental conditions.

SAS tahab Estonian Airi liita lätlaste firmaga airBaltic / Andres Eilart

Index Scriptorium Estoniae

Eilart, Andres

2007-01-01

SAS plaanib Estonian Airi ja Läti firma airBalticu liitmisega luua uue lennufirma. Autori hinnangul viitavad Estonian Airi laienemisplaanidele kriipsu peale tõmbamine ja SAS-i investeeringud airBalticusse sellele, et ühendamise käigus "neelab" Läti firma Estonian Airi

Stocks of organic carbon in Estonian soils

Directory of Open Access Journals (Sweden)

Kõlli, Raimo

2009-06-01

Full Text Available The soil organic carbon (SOC stocks (Mg ha–1 ofautomorphic mineral (9 soil groups, hydromorphic mineral (7, and lowland organic soils (4 are given for the soil cover or solum layer as a whole and also for its epipedon (topsoil layer. The SOC stocks for forest, arable lands, and grasslands and for the entire Estonian soil cover were calculated on the basis of the mean SOC stock and distribution area of the respective soil type. In the Estonian soil cover (42 400 km2, a total of 593.8 ± 36.9 Tg of SOC is retained, with 64.9% (385.3 ± 27.5 Tg in the epipedon layer (O, H, and A horizons and 35.1% in the subsoil (B and E horizons. The pedo-ecological regularities of SOC retention in soils are analysed against the background of the Estonian soil ordination net.

Estonian horticultural peat marketing: sales promotion and price formation. 2. part

International Nuclear Information System (INIS)

Hammer, Hele

1999-01-01

When forming prices, Estonian peat companies' decisions should be based on marginal cost analysis. Unfortunately most Estonian companies sell peat to intermediaries and cannot influence its price. Estonian peat producers have to choose between either selling peat directly or selling through a central marketing organization. Both systems have their pros and cons. Direct selling gives more freedom to individual producers but is more risky. Central marketing makes cost saving possible and is more effective and stable, but may alienate producers from clients and markets. Whichever marketing system Estonian peat companies choose, the most important elements in their marketing strategy should be: careful market analysis, personal sales, attending trade shows, catalogues, quality service and offering transportation services. (author)

Uniting the Divided Continent. The Estonian National Committee of the European Movement

Directory of Open Access Journals (Sweden)

Pauli Heikkilä

2010-12-01

Full Text Available The article examines the exiled Estonian politicians in the European Movement in the early Cold War period. The ultimate goal of exiled Estonians was to restore their state’s independence. In order to promote this, Estonian leaders sought connections with Western leaders. The European Movement was the only organisation involving actors from both the East and the West, and this corresponded to the Estonian discourse on Europe as a whole. Therefore, the European Movement was appreciated, although its limited opportunities for decisive actions were also recognised. East and West European interest in the European Movement declined as West European integration rapidly intensified through the European Coal and Steel Community (ECSC and particularly after the January 1952 Eastern European Conference in London. By 1957, disappointment in the inability of European unification to help regain Estonian independence became evident.

Estonian Airi uued soodsad pakkumised

Index Scriptorium Estoniae

2010-01-01

Estonian Airi kodulehelt on võimalik osta lennupileteid koostööpartnerite poolt pakutavatele mandritevahelistele lendudele ning broneerida internetis hotellituba Euroopa suurima hotelli broneerimise teenust pakkuva ettevõtte Booking.com kaudu

Cresco sai lahti võlast SASile ja osalusest Estonian Airis / Rivo Sarapik, Alyona Stadnik

Index Scriptorium Estoniae

Sarapik, Rivo, 1981-

2010-01-01

Majandus- ja kommunikatsiooniminister Juhan Parts ning SAS-i asepresident Benny Zakrisson kirjutasid alla Estonian Airi ostu-müügitehingule. Investeerimispank Cresco, millele kuulus 17% Estonian Airist, jääb välja Estonian Airi omanikeringist ning SAS-i nõue Crescole tühistatakse

On the System of Place Name Signs in Estonian Sign Language

Directory of Open Access Journals (Sweden)

Liina Paales

2011-05-01

Full Text Available A place name sign is a linguistic-cultural marker that includes both memory and landscape. The author regards toponymic signs in Estonian Sign Language as representations of images held by the Estonian Deaf community: they reflect the geographical place, the period, the relationships of the Deaf community with hearing community, and the common and distinguishing features of the two cultures perceived by community's members. Name signs represent an element of signlore, which includes various types of creative linguistic play. There are stories hidden behind the place name signs that reveal the etymological origin of place name signs and reflect the community's memory. The purpose of this article is twofold. Firstly, it aims to introduce Estonian place name signs as Deaf signlore forms, analyse their structure and specify the main formation methods. Secondly, it interprets place-denoting signs in the light of understanding the foundations of Estonian Sign Language, Estonian Deaf education and education history, the traditions of local Deaf communities, and also of the cultural and local traditions of the dominant hearing communities. Both perspectives - linguistic and folkloristic - are represented in the current article.

Emission from Estonian oil shale power plants

International Nuclear Information System (INIS)

Aunela, L.; Haesaenen, E.; Kinnunen, V.; Larjava, K.; Mehtonen, A.; Salmikangas, T.; Leskelae, J.; Loosaar, J.

1995-01-01

Flue gas emissions from pulverized oil shale fired boilers of Estonian and Baltic power plants have been studied. The concentrations of NO x , CO, C x H y , HCI, Hf and polycyclic aromatic hydrocarbons in flue gases have been found to be relatively low and acceptable according to German emission limits, for instance. Desulphurization degree of flue gases by SO 2 absorption with ash has been found to vary defending on boiler type and operation conditions. In spite of significant sulphur capture (average values for different boilers in the range between 68 and 77 % of the initial sulphur content of the fuel), SO 2 concentrations in flue gases remain still very high (up to 2600 mg/m 3 , 10% O 2 ). Very high concentrations of particles, especially at Estonian Power Plant (up o 6250 mg/m 3 , 10 % 0 2 ) have been detected. Heavy metal emissions were too high by the reason of particle control insufficiency as well. Yearly emission estimates of this study support the former Estonian ones within the range of 10-15 %. (author)

Supervisory Control and Court Management

Directory of Open Access Journals (Sweden)

Andreas Lienhard

2009-08-01

Full Text Available Court management is an essential precondition for guaranteeing the adjudication of cases. At the same time, court administration is the key focus of supervisory control. Management instruments and structures, caseload management and other elements of quality assurance including the certification of judicial authorities must therefore be accorded considerable constitutional importance.

Federal Court of Administration dismissed appeals in nuclear power plant proceedings

International Nuclear Information System (INIS)

Anon.

1980-01-01

On July 18, 1980 the Federal Court of Administration handed down several decisions made in proceedings on nuclear power stations. It dismissed the appeal field by the complaining party. 1. In the proceedings concerning the Kruemmel reactor being about to be completed, the World Association for the Protecteion of Life was again denied the right to file a complaint. 2. In the proceedings concerning the nuclear power station under construction at Muelheim-Kaerlich, the objections raised were regarded as being insufficient for repealing the licence. 3. In the proceedings concerning the nuclear power staion at Wyhl which has not been built yet, the objections raised were declared not to be sufficiently substantiated in time. The written opinions of all proceedings are not yet available. (HSCH) [de

Limits of verification by the Federal Constitutional Court

International Nuclear Information System (INIS)

Anon.

1985-01-01

The court of administration of Baden-Wuerttemberg passed a resolution on October 27,1983 - 10 S 1102/83 - dismissing the application to revoke the immediate implementation of the first partial construction permit for the joint nuclear power plant Neckar II. As the plaintiff thereupon lodged a complaint with the Federal Constitutional Court the resolution did not become effective immediately. However, the Federal Constitutional Court on October 1, 1984 decreed unanimously in accordance with the section 93a subsection 3 of the law on the Federal Constitutional Court - 1 BvR 231/84 -: ''The constitutional complaint lodged is not taken up for decision because its chances of success are nil.'' Thus the original decision of the court of administration of Baden-Wuerttemberg passed on October 27, 1983 was confirmed by the endorsement of its immediate implementation. (orig./HSCH) [de

20 CFR 405.515 - Application of circuit court law.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Application of circuit court law. 405.515 Section 405.515 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Judicial Review § 405.515 Application of circuit court law. We will...

The Representation of the Cold War in Three Estonian History Textbooks

Science.gov (United States)

Korbits, Keit

2015-01-01

The article looks at the discursive strategies different Estonian history textbooks employ to represent the Cold War period, and the "commonsense" ideologies instilled through these representations. The textbooks analysed include two history books dating back to the Estonian Soviet Socialist Republic and, for contrast, one written during…

Estonian Language of Technology as a Factor Supporting the Evolution of Engineering Thinking

Directory of Open Access Journals (Sweden)

Mägi, Vahur

2013-03-01

Full Text Available Casual mention of teaching technology subjects in Estonian schools dates back several centuries. Navigation and construction were amongthe earliest professional skills that were taught. As both of them required mathematical thinking skills, teaching the subjects was usually accompanied by explaining the principles of mathematics. The first technology book in Estonian was published about two centuries ago and it dealed with geodesy. The earliest Estonian glossaries of technological terminology were published in the fields of physics and chemistry. The rise of Estonian as a language of higher education and science in the country came about in the 1920s and 1930s. Faculty members of the Tallinn School of Technology then published the first textbooks composed in the Estonian language for students of technology. The Estonian Society for Technology and the Estonian Association of Engineers became seriously involved in linguistic activities. Together with the Vocational Teachers’ Assembly of Tartu they published an illustrated technology glossary for machinery and tools terms. It was followed by a glossary of construction and building terms, compiled under the lead of the University of Technology. In addition, journals of technology introducedinnovations in the lexicon of technology to the general public. The postwar period in the development of the lexicon of technical terms was of little significance at first. A surge in language creativity could be detected in the 1960s, when terminology became a target of constantly growing attention to the development of technology lexicon. Series of technology glossaries were published. This tendency has continued to this day.

Estonian Tax Structure

Directory of Open Access Journals (Sweden)

Viktor Trasberg

2014-08-01

Full Text Available The paper analyses Estonian tax structure changes during the last decade and critically assesses the current situation. The country’s tax mix is rather unique among EU countries – it has one of the highest proportions of consumption taxes in total taxes and the lowest level of capital and profit taxes. Such an unbalanced tax structure creates risks for public finances, limits revenue collection and distorts the business environment.

Estonian Golf & Country Club / Urmas Oja

Index Scriptorium Estoniae

Oja, Urmas, 1981-2012

2005-01-01

Konkursil "Eesti parim puitehitis 2005" pälvis voodrilaua eripreemia Jõelähtme Estonian Golf & Country Club'i katus. Arhitekt Andres Siim. Sisearhitekt Juta Lember. Konstruktor: AS Resand. 11 värv. ill

PUBLIC CONTROL UNDER SUSPECTED: A REFLECTION ON THE STRUCTURE OF COURTS OF ACCOUNT AND THE EFFICIENCY OF EXTERNAL CONTROL ON THE PUBLIC ADMINISTRATION.

Directory of Open Access Journals (Sweden)

Maristella Barros Ferreira de Freitas

2017-06-01

Full Text Available The external control in Brazil is constitutional attribution of the legislative power, with the assistance of the Courts of Accounts and aims to oversee the public administration regarding legality, impersonality, morality, efficiency and others. This type of control presupposes a public management, in all areas, proba and efficient, that attends to the yearnings of the society. However, the current news about corruption investigations in the Brazilian public administration indicates that there are flaws in the external control carried out by the Audit Courts. For the relevance of the question, this article intends to investigate the causes of this inefficiency and the alternatives that present to correct it.

Federal administrative health courts are unconstitutional: a reply to Elliott, Narayan, and Nasmith.

Science.gov (United States)

Widman, Amy; Hochberg, Francine A

2008-08-01

This commentary responds to the essay by Elliott, Narayan, and Nasmith wherein they propose that the federal government may preclude plaintiffs with medically inflicted injuries from bringing state common-law tort claims against those whose negligence caused their injury. The administrative system championed by Elliott and other proponents is a radical departure from the current civil justice system. Specifically, we argue that the administrative health courts, as proposed, violate the commerce clause, the spending clause, the Seventh Amendment, and separation of powers principles. The commentary concludes that such a system is fatally flawed and cannot withstand constitutional scrutiny. Moreover, we are not persuaded that Congress will be able to ground such a radical constitutional restructuring in any sound public policy, as the majority of studies do not evidence Elliott, Narayan, and Nasmith's presumption that the civil justice system has failed in the medical malpractice context.

Legal Bibliography for Juvenile and Family Courts. Supplement 2.

Science.gov (United States)

Sheridan, William H.; Freer, Alice B.

This bibliography provides a listing of journal articles on such topics as: the abused child, adoptions, case decisions, confessions, constitutional law, counsel, court administration and organization, courts, criminal law and procedure, custody, delinquency, domestic relations, due process for juveniles, evidence, family court and family law,…

Estonian Air / Kirsti Vainküla

Index Scriptorium Estoniae

Vainküla, Kirsti, 1972-

2004-01-01

Estonian Air reklaamib end Taani linna Aalborgi raadiojaama ilmateates. Lennukompanii pressiesindaja Epp Alatalu sõnul on firma Taanis reklaamimise põhjus see, et liinil Tallinn-Kopenhaagen sõitjate hulgas ei ole peaaegu üldse taanlasi

Case Law: - Canada: Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010); - Czech Republic: Supreme Administrative Court on the legal status of CEZ (2010)

International Nuclear Information System (INIS)

Anon.

2010-01-01

Case law 1: Canada - Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010). This case concerns a recent, successful prosecution that was undertaken before the Ontario Court of Justice relating to violations of export control legislation in Canada, nuclear regulatory legislation, customs law, criminal law, as well as Canadian law implementing UN Security Council resolutions concerning Iran. The convictions that have been registered in this case, notwithstanding the fact that the decision is currently under appeal,2 demonstrate the importance of a functioning export control regime and effective counter-proliferation strategy. The case represents the first conviction for a regulatory offense under the Nuclear Safety and Control Act,3 in force since 2000, and Mr. Yadegari is the first Canadian to be convicted under the United Nations Act, Canada's legislation by which it implements UN resolutions. Case law 2: Czech Republic - Supreme Administrative Court on the legal status of CEZ (2010). The Supreme Administrative Court in its decision of 6 October 20098 ruled on whether CEZ, a.s., which is the operator of nuclear installations at the Temelin and Dukovany sites in the Czech Republic, is governed by the Act on Free Access to Information. The court stated that the rules laid down in the Act on Free Access to Information, also apply to CEZ which is considered as a 'public institution'. The following reasons led the court to this interpretation: first, CEZ was established by decision of the state in the course of the privatisation process. Secondly, the company is effectively controlled by the state, which is still its majority owner and the profits of the company also compose a portion of state budget revenues. Finally, there is a public interest served in the function of the company

Laverne A. Jacobs & Justice Anne L. Mactavish, eds., Dialogue Between Court And Tribunals – Essays In Administrative Law And Justice (2001- 2007

Directory of Open Access Journals (Sweden)

Gerald P. Heckman

2009-10-01

Full Text Available “Dialogue between Courts and Tribunals,” a title that could describe the interplay between judges and decision-makers in the context of the judicial review of administrative decisions, in fact refers to a series of annual roundtables organized by the Canadian Institute for the Administration of Justice [CIAJ].

Noor eesti teater ja Noor-Eesti. Young Estonian Theatre and Young Estonia

Directory of Open Access Journals (Sweden)

Katri Aaslav-Tepandi

2012-04-01

Full Text Available This article begins by examining points of intersection between two professional theatres, ”Estonia” and ”Vanemuine” (both established in 1906, their young directors – Karl Menning, Paul Pinna, Theodor Altermann, and Karl Jungholz, and the literary movement Young Estonia. Subsequently, we will consider Young Estonia’s theatrical ideals and the influence of these ideas on later Estonian theatrical life. Since not much information has survived regarding direct personal contacts between ”movers and shakers” in the theatre world and Young Estonians, the main focus here shall be on indirect creative connections and influences. One such context is education: like the Young Estonians, theatre activists of the younger generation aspired to place themselves on the larger map of European culture. Thus, their artistic beliefs and goals shall be examined in relation to those of Young Estonians’ quest for modern culture. Pinna, Altermann, Menning, Jungholz, and others went on study tours to Germany and France, where they were energized and inspired by innovative German and Russian theatres, by naturalistic staging, and by psychological realism, both in acting and in performance style. Among their models were A. Antoine’s Théâtre- Libre in Paris, K. Stanislavski’s Art Theatre in Moscow, O. Brahm’s Lessing-Theater, and M. Reinhardt’s Deutsches Theater in Berlin. These models were likewise known to the Young Estonians, but if theatre activists oriented themselves more fundamentally to German naturalist and realist dramatic art, Young Estonians were more taken with ”theatrical theatre” with its symbolist and impressionist influences. The Young Estonians attended performances at both theatres, ”Vanemuine” and ”Estonia”, and wrote numerous theatre reviews. Yet in the Young Estonia albums (yearbooks and in the magazine Young Estonia, theatre topics have a relatively modest representation. Young Estonians did not have direct

20 CFR 405.510 - Claims remanded by a Federal court.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Claims remanded by a Federal court. 405.510 Section 405.510 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Judicial Review § 405.510 Claims remanded by a Federal court. When a...

Liberalism - Key to Entrepreneurial and Innovation Success: Estonian Case Study

Directory of Open Access Journals (Sweden)

Augustin Ignatov

2017-12-01

Full Text Available Since its independence in 1991 Estonia has successfully overpassed the challenges of the transition period being in the present of one the most technologically developed nations of Europe. The present research is intended to evaluate the relationship between Estonian pro-market regulation, entrepreneurship and innovation. In order to reach relevant conclusions in this regard there have been used both qualitative and quantitative methods of analysis. In such a way, it could be comprehensively reviewed the process of Estonian economic development from a relatively underdeveloped USSR republic to an advanced innovation driven economy. The results show that pro-market governmental regulation has favourably influenced Estonian entrepreneurship, while it fostered country’s innovation capacities. It has been concluded that the economic “miracle” of Estonia has been at a great extent determined by proper government regulation oriented towards economic liberalisation.

The Federal Administrative Court confirms unlawfulness of nuclear power moratorium. Political primacy is only valid in the bounds of justice

International Nuclear Information System (INIS)

Leidinger, Tobias

2014-01-01

With its decision on December 20 th , the Federal Administrative Court (BVwerfG) came to the legally valid conclusion that after the Fukushima nuclear power plant accident, the supervision court order related to the law on nuclear installation by the Hessian Ministry for the Environment, in order to stop operating nuclear power plants Biblis A and B for 3 months or rather not to put in operation again, was unlawful (BVwerfG 7 B 18.13 und 7 B 19.13). Beforehand, the Hessian Administrative Court (Hess. VGH) had already pronounced its judgement on February 27 th 2013. The supervising orders were part of the so-called nuclear power moratorium. They were issued after the resolution of the federal government, at demand of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) towards their nearby countries, and were identically executed by the supervisory authority of the other site-countries. Besides Biblis in Hesse, nuclear power plants in Neckarwestheim I and Philippsburg 1, Baden-Wurttemberg, Isar 1 in Bavaria, Unterweser in Lower Saxony, as well as Brunsbuettel in Schleswig-Holstein, were affected. However only RWE took legal action and was now affirmed - after the Hessian VGH verdict- by the highest German administrative court: The nuclear power moratorium - the first step to withdrawal of nuclear power in Germany - was unlawful. The decision taken by the BVerwG - as well as the one by the Hessian VGH - indicates a juridical clear and precise argumentation. The partially polemic and unobjective critic, which the VHG-verdict experienced, did not disguise, just as little as the political conflict concerning the withdrawal from nuclear energy, the view of federal judges, regarding the decision-relevant questions nor did they influence their reply. The political primacy finds its limits in the bounds of justice. Existing rights do not become thus a paper waste because there is a fundamental decision. This takes effectiveness for

Efficiency of Estonian grain farms in 2000 2004

Directory of Open Access Journals (Sweden)

N. VASILIEV

2008-12-01

Full Text Available The aim of this study is to analyse the efficiency of Estonian grain farms after Estonia’s transition to a market economy and during the accession period to the European Union (EU. The non-parametric method Data Envelopment Analysis (DEA was used to estimate the total technical, pure technical and scale efficiency of Estonian grain farms in 2000–2004. Mean total technical efficiency varied from 0.70 to 0.78. Of the grain farms 62% are operating under increasing returns to scale. Solely based on the DEA model it is not possible to determine optimum farm scale and the range of Estonian farm sizes operating efficiently is extensive. The most pure technically efficient farms were the smallest and the largest but the productivity of small farms is low compared to larger farms because of their small scale. Therefore, they are the least competitive. Since pre-accession period to the EU, large input slacks of capital have replaced the former excessive use of labour and land. This raises the question about the effects on efficiency of the EU’s investment support schemes in new member states.;

The Category of Time in Fairy Tales: Searching for Folk Calendar Time in the Estonian Fairy Tale Corpus

Directory of Open Access Journals (Sweden)

Mairi Kaasik

2011-03-01

Full Text Available The article examines how folk calendar holidays are represented in Estonian fairy tales. It introduces some views presented in folklore studies about the concept of time in fairy tales and finds parallels with them in the Estonian context. The analysis relies on the digital corpus of Estonian fairy tales (5400 variants, created from the texts found in the Estonian Folklore Archives by the Fairy Tale Project of the Department of Estonian and Comparative Folklore, University of Tartu. Folk calendar holidays occur in Estonian fairy tales relatively seldom; most often these are holidays that occupy a significant place in the Estonian folk calendar (Christmas, St. John’s Day, Easter, St. George’s Day. Calendar holidays are notably mentioned more often in tale types which remain on the borderline between the fairy tale and the legend or the fairy tale and the religious tale. In Estonian fairy tales, calendar holidays are used on three levels of meaning: (1 the holiday is organically associated with the tale type; it has an essential role in the plot of the tale; (2 to a certain extent, the holiday could be replaced by another holiday having an analogous meaning; (3 the holiday forms an unimportant or occasional addition to the tale.

Olev Schults : SAS vajab Estonian Airi rahvusliku lennufirmana / Olev Schults ; interv. Andres Reimer

Index Scriptorium Estoniae

Schults, Olev

2008-01-01

Estonian Airi nõukogu esimees vastab küsimustele, kas SAS arendas Läti airBalticut Estonian SAS-i arvel, mis mõte on rahvuslikul lennukompaniil, kui riik ei tohi seda finantseerida, kuidas mõjutab investorite meeleolu SAS-i Eestis tabanud poliitikute kriitika tulv

Federal Constitutional Court, decision of 8 July 1982 ('Whyl')

International Nuclear Information System (INIS)

Anon.

1984-01-01

The Federal Constitutional Court with its decision of July 8, 1982 dismissed the action of the Sasbach Gemeinde which launched an appeal against the judgments of the Baden-Wuerttemberg Higher Administrative Court (of Oct. 17, 1980) and the Federal Administrative Court (of July 17, 1980), by which actions of said Gemeinde to annul the construction licence for unit I (South) of the Wyhl reactor were dismissed. The Federal Constitutional Court decision states that the Gemeinde as a corporate body, and not acting to perform its duties as a local authority, may not claim legal protection on the basis of Art. 14, para. 1, sentence 1 of the Basic Law. Also, the decision states, the interpretation and appropriate application of section 3, (1) of the Nuclear Installations Ordinance does not represent an infringement of the rights guaranteed by Art. 19, para. 4, sencentence 1 of the Basic Law. Nor could the Court see any reasons indicating an offense against Art. 103, (1) of the Basic Law. (HP) [de

Consequences of the Federal Administrative Court decisions about the Biblis on-site interim store and the 'Biblis condition' as seen by the Nuclear Regulatory Authority of the State of Baden-Wuerttemberg

International Nuclear Information System (INIS)

Rauscher, Dieter

2009-01-01

On March 17, 2005, the Baden-Wuerttemberg State Ministry of Economics, following instructions by the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU), imposed an ex-post-facto condition on the licensee of the Philippsburg Units 1 and 2 nuclear power station. Its content can be summed up as follows: In case of deviations from criteria specified in the license which are relevant to accident management, the plant must be shut down. In case of suspicion that, for whatever reason, accident management could be doubtful, accident management must be demonstrated to function; failing this, the plant must be shut down. In a decision of February 26, 2007, the Baden-Wuerttemberg State Court of Administration set this condition aside. The Federal Administrative Court, in its ruling of April 10, 2008, essentially confirmed the decision of the court of first instance. Both decisions are analyzed. Licensees and public authorities are shown the general framework of administrative law within which their relations are regulated. Another subject covered is jurisdiction about provisions against damage in connection with the ruling of the Federal Administrative Court of April 10, 2008 in the matter of the Brunsbuettel interim store. The court comments on the question of provision against damage in the area of protection, develops the dogma from scratch again as to the borderlines separating provisions against damage from residual risk and, within this framework, addresses the problem of third-party action against execution, especially so with respect to protection. The question of possible repercussions upon practice is discussed also for this court ruling. (orig.)

Estonian Air to overhaul strategy / Matt Withers

Index Scriptorium Estoniae

Withers, Matt

2008-01-01

Estonian Air on majanduslikes raskustes, mida aitaks leevendada riigipoolne toetus. Majandus- ja kommunikatsiooniminister Juhan Parts leiab, et riik peaks omama lennufirma juhatuses esimehe kohta, et mõjutada rohkem vastuvõetavaid otsuseid ja investeeringuid

Resource and utilization of Estonian hydropower

International Nuclear Information System (INIS)

Raesaar, P.

2005-01-01

An overview of the Estonian hydropower resources and their utilization at present as well as prospective for the future are presented in this paper. A short overview of advantages of small hydropower stations and related issues is given. Some technological aspects are treated briefly. (authors)

Revisiting the Estonian Cyber Attacks: Digital Threats and Multinational Responses

Directory of Open Access Journals (Sweden)

Stephen Herzog

2011-01-01

Full Text Available In April 2007, the Estonian Government moved a memorial commemorating the Soviet liberation of the country from the Nazis to a less prominent and visible location in Tallinn. This decision triggered rioting among Russian-speaking minorities and cyber terrorism targeting Estonia's critical economic and political infrastructure. Drawing upon the Estonian cyber attacks, this article argues that globalization and the Internet have enabled transnational groups—such as the Russian diaspora—to avenge their grievances by threatening the sovereignty of nation-states in cyberspace. Sophisticated and virtually untraceable political "hacktivists" may now possess the ability to disrupt or destroy government operations, banking transactions, city power grids, and even military weapon systems. Fortunately, western countries banded together to effectively combat the Estonian cyber attacks and minimize their effects. However, this article concludes that in the age of globalization, interdependence, and digital interconnectedness, nation-states must engage in increased cooperative cyber-defense activities to counter and prevent devastating Internet attacks and their implications.

Establishing an effective dialog between courts and agencies

NARCIS (Netherlands)

Humphery-Jenner, Mark L.

2013-01-01

This thesis examines the relationship between courts, administrators, and legislators. The goal is to improve the operation of judicial review in the United States and provide suggestions on how to enhance emerging doctrines of judicial review in the EU. The thesis focuses on how courts, agencies,

Text Mining of Supreme Administrative Court Jurisdictions

OpenAIRE

Feinerer, Ingo; Hornik, Kurt

2007-01-01

Within the last decade text mining, i.e., extracting sensitive information from text corpora, has become a major factor in business intelligence. The automated textual analysis of law corpora is highly valuable because of its impact on a company's legal options and the raw amount of available jurisdiction. The study of supreme court jurisdiction and international law corpora is equally important due to its effects on business sectors. In this paper we use text mining methods to investigate Au...

Compiling the Dictionary of Word Associations in Estonian: From scratch to the database

Directory of Open Access Journals (Sweden)

Ene Vainik

2018-04-01

Full Text Available The present paper describes the project titled “The Dictionary of Word Associations in Estonian” undertaken by the author at the Institute of the Estonian Language. The general aim of the Dictionary is to provide insights into Estonians’ common-sense mind. It is meant to be a tool of self-reflection for Estonian native speakers and a guide for the foreigners who are eager enough to make themselves familiar with the Estonian cultural patterns of thought. The Dictionary will be published online. The number of keywords was initially limited to approximately 800. Specific emphasis is given to the stage of data collection by implementing the principles of citizen science.

Valued Estonian Music CDs / Igor Garshnek

Index Scriptorium Estoniae

Garšnek, Igor, 1958-

2003-01-01

2002. aastal välja antud eesti muusika heliplaatidest Arvo Pärt "Summa", Lepo Sumera "Chamber Music", "Baltic Voices 1.", "Sequenzen - Europäische Orgelmusik des 20. Jahrhundrets mit...", "El silenco ئ Silence. Kuldar and Marje Sink. Songs of Mother and Son", "Riho Sibul. Estonian Dream Big Band", "Rull's Royce ئ Rull's Choice"

National Court Remand Activity Data Collection

Data.gov (United States)

Social Security Administration — This dataset creates a collection of reports for the national total of court remand receipts, dispositions, and pending cases at the Office of Hearings Operations...

Review of Administrative Justice in the Republic of Kosovo

Directory of Open Access Journals (Sweden)

Islam Pepaj

2015-07-01

Full Text Available The present paper aims to provide a real view of adjudication of administrative cases in Kosovo. The issue of adjudication of administrative cases in the Republic of Kosovo remains a challenge following justice reforms which began in 2013 and are still on-going. Kosovo as a new country faces difficulties in professionalization of public administration and this is closely related to large number of case that are subject of judicial review which is not a case with other countries which have longer experience in public administration. In this context, more attention has been paid to review of administrative acts and issues with special focus on judicial review, following with legal remedies, administration silence as cause of judicial review. The paper also contains information about administrative justice in Kosovo before and 2013, and its current state. New court structure brought with New Law on Courts which entered into force in 2013 affected administrative justice substantially. In the previous system, Kosovo Supreme Court was the only instance handling administrative disputes. In this regard, the issue of effective legal remedies was not in place as required by international standards. However, new court structure brought significant changes regarding legal remedies in administrative justice by setting up three court instances; Administrative departments within Prishtina Basic Court and Appellate Court as well as Supreme Court extraordinary legal remedies review.

Congressional Authority Over the Federal Courts

National Research Council Canada - National Science Library

Bazan, Elizabeth B; Killian, John; Thomas, Kenneth R

2005-01-01

.... While Congress has broad power to regulate the structure, administration and jurisdiction of the courts, its powers are limited by precepts of due process, equal protection and separation of powers...

Estonian Air püüdis viimase hetkeni Top Toursi päästa / Mirko Ojakivi

Index Scriptorium Estoniae

Ojakivi, Mirko

2010-01-01

Estonian Air kaalus Top Toursile appiminekut, sest reisifirma oli Estonian Airil üks olulisemaid koostööpartnereid. Abi oleks puudutanud ennekõike uutele lendudele allahindluse tegemist, räägiti ka võimalikust krediidist

PENGADILAN HIBRIDA (HYBRID COURT SEBAGAI ALTERNATIF PENANGANAN KEJAHATAN INTERNASIONAL

Directory of Open Access Journals (Sweden)

Arie Siswanto

2016-10-01

Since the end of World War II, the international community witnessed the increasingly serious efforts to deal with the international crimes. Besides the domestic criminal courts and purely international tribunals, the forum that is also recently used to handle international crimes is the hybrid courts that have been established in several places such as in Cambodia, Sierra Leone and Timor-Leste. Hybrid courts are established from different political backgrounds, but as a legal institution, its establishment was necessarily based on legal instruments. This paper identifies that there are three patterns in the formation of hybrid court, which are: the establishment of a hybrid court based on an agreement between the UN and the relevant state, the establishment of a hybrid court by the UN or international administration and the establishment of a hybrid court by a country which later gains greater international support.

Jäätmetega kimpus Estonian Cell annab muda põldudele kompostiks / Ulvar Käärt

Index Scriptorium Estoniae

Käärt, Ulvar, 1982-

2007-01-01

Kundas asuv Estonian Celli tehas jagab ümberkaudsetele talunikele jäätmetest lahtisaamiseks kompostimissegu. Seadused ei sätesta, kuidas Estonian Cellis tekkivaid jäätmeid töödelda. Kommenteerib Peeter Eek: Aasta läbi ei saa muda põllule viia

National New Court Cases Data Collection

Data.gov (United States)

Social Security Administration — This dataset creates a collection of reports for the national total of new court case (NCC) receipts, dispositions, and pending at the Appeals Council level in the...

The Woman as Wolf (AT 409: Some Interpretations of a Very Estonian Folk Tale

Directory of Open Access Journals (Sweden)

Merili Metsvahi

2013-12-01

Full Text Available The article analyses tale type The Woman as Wolf, which is one of the most popular folk tales in the Estonian Folklore Archives and is represented there both in the form of a fairy tale and in the form of a legend. The vast majority of the versions of The Woman as Wolf were written down in the first part of the 20th century within Estonia and where recorded from Estonians. The article introduces the content of the tale, the origin of the first records from the early 19th century, and the dissemination area of the tale, which remains outside Western Europe: apart from the Estonian versions there are Sami, Karelian, Vepsian, Livonian, Latvian, Lithuanian, Russian, Ukrainian and Belarusian versions. While in almost all the Estonian versions the main protagonist is transformed into a wolf, in most of the versions written down in other areas and ethnic groups, another animal or bird replaces the wolf. The author is of the opinion that the Finnic area is central to the distribution of the folk tale The Woman as Wolf. The animal the woman is transformed into in the plot would not have been a wolf in earlier times. The article provides an explanation why the wolf is predominant in Estonian written sources. For that purpose the ways in which the wolf and werewolf were perceived in earlier Estonian folk belief are introduced. At the end of the article interpretation of the folk tale is provided. The author states that the plot and some of the motifs found in this folk tale reflect the difficulties women had in submitting to the norms and values of patriarchal order within their society.

the right to GOOD ADMINISTRATION IN THE Court of Justice of the EUROPEAN Union CASE LAW

Directory of Open Access Journals (Sweden)

Elisabeta SLABU

2017-06-01

Full Text Available The provisions of the Lisbon Treaty highlight that, at present, the Union has as objectives, not only an unitary economic development, but also strengthening the observance of peoples' fundamental rights, hence, implicitly, the right to good administration. The Court of Justice of the European Union has analyzed over time, in its decisions, the emergence and development of the good administration principle, its fundamental elements, and impossibility of framing it clearly in a definition, and, not least, turning the principle of good administration into a fundamental right through the Charter of Fundamental Rights of the European Union. At European level, citizens of the EU member states, but also those from third countries thus benefit from a right to good administration in the relations with European Union institutions and bodies, according to Article 41 of the Charter of Fundamental Rights of the European Union. The same should be the proceeding at internal level. Each Member State of the European Union should concern itself about identifying and promoting the most adequate measures for ensuring good governance and good administration. By identifying and applying at national level the principles governing the public administration activity at European level can be created the requisites for a national public administration that is transparent and efficient, close to the needs and interests of its citizens and that could be considered an integral part of the European public administration.

Estonian Golf & Country Club / Liina Jänes

Index Scriptorium Estoniae

Jänes, Liina, 1977-

2005-01-01

Estonian Golf & Country Club'i etnomodernistlik golfikeskus ja klubihoone Jõelähtmel. Projekteerija: Arhitektuuristuudio Siim & Kreis. Autor Andres Siim. Konstruktor: Resand. Sisekujundaja Juta Lember (SAB Lember & Padar). Projekt 2004, valmis 2005. Ill.: I ja II korruse plaan, 3 värv. välis ja 3 sisevaadet

Russian Model Of The Administrative Justice

Directory of Open Access Journals (Sweden)

Natalja I. Jaroshenko

2014-12-01

Full Text Available On December 25, 2014 it would be twenty-one year since the Constitution of the Russian Federation was adopted on the national referendum on December 12, 1993. During this time, almost all constitutional provisions are implemented. The key point of course was the judicial reform in Russia, launched simultaneously with the adoption of Constitution of the Russian Federation. Adopted the new Civil Procedural Code, Criminal Procedural Code, Arbitration Procedural Code of the Russian Federation, Federal Constitutional Law "On the Constitutional Court of the Russian Federation", Federal Constitutional Law "On the courts of general jurisdiction in Russia", Federal Constitutional Law "On the Supreme Court of the Russian Federation". However, during twenty-one year of Russian Constitution work, the question on establishment of administrative courts in our country has not been resolved. Merger of the Supreme Court and the Supreme Arbitration Court of the Russian Federation, which happened in the year 2014, also shown the need to resolve the status of administrative courts in Russia. Previously submitted to the State Duma of the Federal Assembly of the Russian Federation the draft of the Federal Constitutional Law "On the Federal Administrative Courts in the Russian Federation" and is on the revision, which does not correspond to changes in the judicial system of the Russian Federation. Despite the failure of the Federal Constitutional Law "On the Federal Administrative Courts in the Russian Federation", in the opinion of the author, and it should be called that way, it Russia has already developed an own model of the Russian administrative justice, which is very specific.

Critical Success Factors and information needs in Estonian industry

Directory of Open Access Journals (Sweden)

Aiki Tibar

2002-01-01

Full Text Available The article reports the results of the study on the critical success factors and related information needs in Estonian industry conducted in 1999. Data were collected by interviews with 27 managers and engineers from 16 manufacturing companies in various industries. Most of the critical success factors taken up were related to marketing, information management, quality management, product development and technological innovations. The information needs of managers and engineers were related to competitors, customers, markets, technology, regulations, etc. Some identified CSFs expressed also priorities for development by Estonian economic authorities: to support the implementation of new technologies and introduction of quality management methods. The finding that information management was perceived as a very critical area supports the result of the recent Finnish study on CSFs.

1. Partial licence (new) for the Muelheim-Kaerlich reactor. BVG (German Federal Administrative Court), decision of 14. January 1998, Az.: 11 C 13.96

International Nuclear Information System (INIS)

1998-01-01

The matter to be decided by the BVG, the highest administrative court of Germany, was the competence of the licensing authority for risk assessment in the licensing procedure and its duty to perform risk assessment with reference to current state of the art in nuclear science and technology, in compliance with the Atomic Energy Act, section 7, sub-section 2, No. 3. Performance of risk assessment falling short of the requirements of the Atomic Energy Act is a cause for rescission of an operating licence or partial licence. This was the cause presented by complaining parties in legal proceedings at a lower court, referring to deficits in terms of technology (seismic risks assessment), and in terms of law. The partial construction licence was repealed by the lower court. The BVG court had to perform judicial review of an appeal logded by the reactor operators from the judgment passed by the lower court and relates exclusively to aspects of substantive law, as the Atomic Energy Act attributes priority of competence for decisions about technological aspects and contents of reactor licences to the licensing authority. The BVG dismissed the appeal for absence of defects in substantive law; the decision is non-appealable. (CB) [de

The Acceptance of Court Judgments: the Influence of Procedural and Distributive Justice : Explaining a citizen’s choice to appeal in administrative legal procedures

NARCIS (Netherlands)

Boekema, I.M.

2014-01-01

The research aims to shed light on citizens’ perceptions of judicial procedures by focusing on the appeals procedure in administrative law. Especially, the study tries to clarify which motives might underlie an appeal by a citizen after a negative judgment by the court of first instance. Why does

Russian-Estonian Economic and Investment Cooperation During the Crisis: Dynamics and Possibilities

Directory of Open Access Journals (Sweden)

Nevskaya Anastasia

2015-06-01

Full Text Available The article deals with the development in Russian-Estonian relations during the crises of 2007 and 2014, taking into consideration the balance between political and economic factors in the decision-making by Estonian government. A number of special aspects, trends and problems in trade and investment ties are detected. The aim of the study is to uncover key motivation behind the actions of both Russia and Estonia, to identify the drivers for economic and political development in the region, and to work out recommendations to adjust them. The questions put forward by the authors of this article could not be more topical at the time, when Russian economic situation is obviously getting worse and capital flight (to the neighboring EU Member States is likely to increase. The method of the study is comparative analysis of the impact on economic ties made by Russian-Estonian crisis of 2007 and the current international tension around Ukraine. The regional fossil fuel market and the possibilities of Gazprom involvement in its development are also analyzed. It is concluded that political motives are still important for Estonian decisionmaking, though they are balanced out by measures of business support (despite some of these measures being taken by the EU bodies. The role of political factor for the Russian side is increasing. It is acknowledged that there is a growing number of missed economic opportunities in the Russian Northwest.

Overview of the Estonian Biofuels Association activities

International Nuclear Information System (INIS)

Hueues, Meelis

2000-01-01

Due to global warming and environment pollution because of widespread use of fossil fuels there are already tendencies to stabilize and decrease the consumption of these energy resources and take into use more renewable energy resources. Estonian Biofuels Association (EBA) is a non-profit association, which was founded on 8. of May 1998 in Tallinn. The EBA is an independent and voluntary alliance of its members. Fields of activity of the EBA are by biofuels research, developing and evaluation to engage environmental, biofuels and energy saving. EBA members are: energy consultants, scientists, as well as fuel suppliers, DH-companies, technology suppliers, energy service companies etc. The members of EBA are involved in different projects in Estonia, where biomass are produced and used for heating, where wood, waste, peat, rape oil and biogas resources are examined and put into use, and also projects which deal with energy saving and environment friendly equipment production for using biofuels. During our short experience we have noticed that people in Estonia have become more aware of biomass and their use, so the development of environment friendly and sustainable energetics will continue in Estonia. Available biofuels in Estonia could compete with fossil fuels if burnt rationally with high technology equipment. EBA members are convinced that biomass have perspective and that they could play an important role in improving Estonian economic and environmental situation. Modem biomass combustion devices are taken into use more the faster general wealth increases and EBA can raise people's awareness of bio fuel subject through special, courses and media. We want Estonian energy policy to develop towards widespread use of renewable energy resources, which would save energy and environment improve nation's foreign trade balance and create jobs mainly in rural areas

Lueneburg Higher Administrative Court: Decision of July 18, 1980 - sports fishing club versus Grohnde reactor

International Nuclear Information System (INIS)

Anon.

1980-01-01

As the lessee of fishing rights, a sports fishing club may be affected in its legally protected interests by the licensing of a nuclear power station site. Therefore it may have the right to take action unless it can no longer claim recognitaion of its rights in a licensing procedure relating to the law on the management of water recources because the department for management of water resources is bound to the site decision made under the Atomic Energy Law. The suitability of a site may also be declared with binding effect within the framework of a partial construction permit granted according to the Atomic Energy Law (against the Higher Administrative Court of Baden-Wuerttemberg, DOeV 1979, 521). (orig.) [de

Estonian Perceptions of Security: Not Only About Russia and the Refugees

Directory of Open Access Journals (Sweden)

Veebel Viljar

2016-12-01

Full Text Available The current study focuses on the Estonian perceptions of security and on the defence situation both globally and locally. The dynamic results of the public opinion surveys on security risks conducted in Estonia over the last 10 years (2006-2016 will be presented. In addition, to understand whether some of the security risks could be over- or underestimated in Estonia, these results will be compared with the views expressed recently by the World Economic Forum, particularly the Global Risks Report 2016. Also, the arguments why some topics have played or are currently playing key role in the Estonian security perception will be presented and discussed.

Superior Administrative Court Lueneburg. Judgement of January 20, 1982 (Kruemmel)

International Nuclear Information System (INIS)

Anon.

1983-01-01

This judgement of the OVG Lueneburg (Sup. Adm. Court) decided over the action for annulment of the second part-construction permit for Kruemmel nuclear power plant. Upon the action of the appellant, the OVG partly cancelled the ''design concept license'' for the nuclear power plant and, regarding the remaining items of the appeal, dismissed the appeal. The Court decided that the license for a nuclear power plant design concept is binding for a licensing authority in as much as the following part-construction permits have to be based on the fulfilment of section 7, sub-section 2, no. 3 of the Atomic Energy Act, as far as the plant components to be licensed comply with the licensed concept and are not subject to the conditions of section 17, sub-sections 2-5 of the Atomic Energy Act. This binding effect at the same time leads to the possibility of third parties being affected. (HP) [de

The Rocky Road towards Professional Autonomy: The Estonian Journalists’ Organization in the Political Turmoil of the 20th Century

Directory of Open Access Journals (Sweden)

Epp Lauk

2017-09-01

Full Text Available This article attempts to explain the relationships between journalists, politics and the state from the perspective of collective autonomy, that of the professional organization of journalists. The case of Estonian Journalists’ Union demonstrates the complexity and historical contingency of professional autonomy of journalism. The development of the Estonian journalists’ organization occurred as a sequence of transformations from the Estonian Journalists’ Association to the Estonian Journalists’ Union to the Soviet type journalists’ union, and lastly to an independent trade union. This sequence was disrupted by several fatal breakdowns that changed not only the character of the association, but also professional values, the whole occupational ideology and the conditions of the existence of journalism as a profession in Estonia.

The Estonian study of Chernobyl cleanup workers. I. Introduction

International Nuclear Information System (INIS)

Rahu, Mati

1999-01-01

The most comprehensive epidemiological project ever performed in Estonia - The Estonian Study of Chernobyl Cleanup Workers - was the joint effort of researchers from Estonia, Finland and USA. Until September 1999, the results of this study were published in English only. To familiarize the readership of 'Eesti Arst' with the major study findings, the abridged versions of four original papers from 'Radiation Research' are presented in the current issue of the journal. For the Estonian epidemiologists, the work under this project that consists of eight sub projects was a real challenge. In the course of the study, skills were developed in writing a study protocol, preparing a questionnaire, progress reporting, documenting the structure of databases, record linkage, and problem solving. It was an exciting experience to work with top scientists like William Bigbee, John Boice, Timo Hakulinen, Ronald Jensen and Gayle Littlefield. (author)

Sustainable development outlooks of the Estonian energy sector for convergence with the European Union countries

International Nuclear Information System (INIS)

Laur, Anton; Tenno, Koidu; Soosaar, Sulev

2002-01-01

The article presents an overview of a research conducted in the Estonian Inst. of Economics and the Estonian Energy Research Inst. with the objectives to: analyse the dynamics of the main Estonian energy use indicators over the last 8-10 years with the background of general macroeconomics developments; compare these indicators with the respective energy indicators in the European Union Member States and Candidate Countries; evaluate Estonia's potential to catch up by the energy use efficiency (GDP energy intensity) of the average level of EU countries, modelling our possible development scenarios of GDP and TPES. The research results indicates several positive development tendencies (e.g. reduction of TPES and CO 2 emissions with the background of economic growth) in the Estonian energy sector, as well as convergence with the EU countries in terms of GDP energy intensity. Unfortunately, the model analysis results demonstrate that it takes a lot of time for Estonia to reach the current EU level - even under the most favourable GDP and TPES development conditions, 25-30 years. The primary reason is the very low level of our GDP per capita compared to the EU countries. (author)

Tabud ja reeglid. Sissevaateid eesti laagriromaani / Taboos and Rules. Insights into Prison Camp Novels by Estonian Writers

Directory of Open Access Journals (Sweden)

Anneli Kõvamees

2013-12-01

Full Text Available The article concentrates on Estonian novels depicting Soviet prison camps in the 1940s and 1950s. The goal is to map themes, motifs and characteristics in such novels, concentrating on various taboos and rules in the prison camp environment. For a long time the Soviet prison camp theme was not publicly discussed in Estonia due to political reasons. Texts dealing with prison camps could appear in print only outside the Soviet Union; the way Estonians saw these historical events and hellish experiences were depicted mostly in exile novels. Most notable are the novels by Arved Viirlaid (b. 1922, e.g., Kes tappis Eerik Hormi? (Who Killed Eerik Horm? (1974, Surnud ei loe (The Dead do not Read (1975, Vaim ja ahelad (Mind and Chains (1961. Estonian prison camp novels can be seen as “the literature of testimony”, to use the term by Leona Toker. Dramatic historical events are written down to record the events and to show the inhumane nature of Soviet society. These records of the dramatic past follow certain patterns and create certain self- and hetero-images. A prison camp is a closed territory within a closed territory; prison camps can be seen as small models of Soviet society. Prison camp novels give a detailed view of the environment of the prison camp, its inhabitants and activities. Two central aspects are labour and food; the life of the prisoner whirls around these. The most important thing is to survive, which often leads to moral decline, e.g., stealing, cheating. However, there are lines Estonians do not cross, e.g., cannibalism or homosexual relationships with superiors. Estonians are always depicted as political prisoners (not common criminals and heterosexuals, while Russians are portrayed mainly as criminals and often also as homosexuals. Another important component of the image of the Estonians is their enterprising spirit and ability to manage even under very difficult conditions. Therefore, several oppositions can be identified, e

Researching Justification Texts of a First Instance Court from Assignment to Results and Reporting

NARCIS (Netherlands)

Langbroek, Philip; van der Linden - Smith, Tina

2014-01-01

Court decisions are reasoned to legitimize them. Lay people seem to understand little of the work of the courts. One of the questions for court administrators and judges is: for whom do judges write their judgments? Is it possible to analyze judicial justification texts with a view to the audiences

Estonian Golf & Country Clubi klubihoone / Andres Siim, Alar Just

Index Scriptorium Estoniae

Siim, Andres

2005-01-01

Harjumaal Jõelähtme vallas rajab Estonian Golf & Country Club uut Jägala-Jõesuu spordi- ja puhkekeskust, mille südameks saab puidust golgiklubi hoone, mida tutvustavad klubihoone arhitekt ja üks inseneridest. Ill.: vaade ehitusele, projekti kaks vaadet, lõige

Supreme Administrative Court affirms the admissibility of an action of voidance, but does not affirm the exclusion of objections according to article 7 b AtG a.F. and complains about the period of exposition

International Nuclear Information System (INIS)

Anon.

1978-01-01

The Supreme Administrative Court for the Laender Niedersachsen and Schleswig-Holstein at Lueneburg turned down - with the judgement made on May 30, 1978 VII OVG A2/78 - the appeal filed by the appellee (Licensing authority under atomic law) and others (operator of nuclear power stations) against an interlocutory decree made by the Administrative Court Oldenburg/Stade on October 14, 1977 - I A 371/72 S -. Due to a given partial licensing decree, the interlocutory decree deposed the action of voidance filed by an opponent of nuclear energy, resident at Hamburg, to be admissible in contrast to the statement made by the appellee and others. The Supreme Administrative Court substantially reaffirmed and extended the interpretation of the interlocutory decree. It was approved to lodge an appeal. The appellee and others involved have lodged an appeal. The most decisive factors are given in the text. (orig./HP) [de

Value Education in Estonian Preschool Child Care Institutions

Science.gov (United States)

Ülavere, Pärje; Tammik, Anu

2017-01-01

For systematic implementation of value education in educational institutions, the national programme "Values Development in Estonian Society 2009-2013" (Ministry of Education and Research 2009) was prepared in Estonia. However, it was launched only in 2010, and the authors intended to ascertain the values of the heads of preschool child…

Estonian energy forest project

International Nuclear Information System (INIS)

Koppel, A.; Kirt, E.; Kull, K.; Lasn, R.; Noormets, A.; Roostalu, H.; Ross, J.; Ross, V.; Sulev, M.

1994-04-01

In February 1993 an agreement of Swedish-Estonian scientific co-operation on energy forest was signed. In may five energy forest plantations (altogether 2 ha) were established in Estonia with Swedish selected clones of Salix viminalis and Salix dasyclados. The research within this project is carried out within three main directions. The studies of basic ecophysiological processes and radiation regime of willow canopy will be carried out in Toravere. The production ecology studies, comparison of the productivity of multiple clones on different soil types is based on the plantations as vegetation filter for wastewater purification is studied on the basis of plantations in Vaeike-Maarja and Valga (author)

Estonian wind climate

International Nuclear Information System (INIS)

Kull, Ain

1999-01-01

Estonia is situated on the eastern coast of the Baltic Sea. This is a region with intensive cyclonic activity and therefore with a relatively high mean wind speed. Atmospheric circulation and its seasonal variation determine the general character of the Estonian wind regime over the Atlantic Ocean and Eurasia. However, the Baltic sea itself is a very important factor affecting wind climate, it has an especially strong influence on the wind regime in costal areas. The mean energy density (W/m 2 ) is a wind energy characteristic that is proportional to the third power of wind speed and describes energy available in a flow of air through a unit area. The mean energy density is a characteristic which has practical importance in regional assessment of snowdrift, storm damage and wind energy

SANCTIONING DUPLICATION IN ADMINISTRATIVE AND PENAL AREAS

Directory of Open Access Journals (Sweden)

José Manuel Cabrera Delgado

2014-12-01

Full Text Available This article provides a first approach from the point of view of jurisprudence, to the recurring problem of concurrency sanctions in cases where further intervention of the courts has become necessary for administrative action. In this regard, the main judgments of both the Constitutional Court and the Supreme Court is, that have shaped the decisions that must be applied from the administrative level, in particular by educational inspectors, when it is foreseeable that it can produce a duplication of disciplinary procedures in the two areas, penal and administrative.

Aspects of the role of scientific-technical expert knowledge in administrative court procedures on licensing of large technical projects

International Nuclear Information System (INIS)

Wagner, H.

1983-01-01

On the basis of atomic energy law, the author explains some specific problems associated with the respective roles of experts (or expert bodies) and courts of law. In legal theory, it is comparatively easy to draw the line between the two functions, but in practice this delimination meets with difficulties. Finally, the author proposes to improve the definitions of the respective functions of experts (expert bodies) and courts of law in procedures dealing with permits of large technical facilities as follows: A highly qualified, independent body of experts in a technically representative composition lays down, in a binding way, the main elements of the safety standard of a specific plant or type of plant. The responsible administrative authority, after having examined all other legal conditions, grants the permit for that plant. There are no objections to such a model in the light either of aspects of constitutional law or of legal policy or constitutional policy, not are there any practical reasons against this approach. The only doubtful aspect is the present political feasibility. (orig.) [de

Musical Practices and Methods in Music Lessons: A Comparative Study of Estonian and Finnish General Music Education

Science.gov (United States)

Sepp, Anu; Ruokonen, Inkeri; Ruismäki, Heikki

2015-01-01

This article reveals the results of a comparative study of Estonian and Finnish general music education. The aim was to find out what music teaching practices and approaches/methods were mostly used, what music education perspectives supported those practices. The data were collected using questionnaires and the results of 107 Estonian and 50…

The Role of Courts in Shaping Health Equity.

Science.gov (United States)

Hall, Mark A

2017-10-01

United States' courts have played a limited, yet key, role in shaping health equity in three areas of law: racial discrimination, disability discrimination, and constitutional rights. Executive and administrative action has been much more instrumental than judicial decisions in advancing racial equality in health care. Courts have been reluctant to intervene on racial justice because overt discrimination has largely disappeared, and the Supreme Court has interpreted civil rights laws in a fashion that restricts judicial authority to address more subtle or diffused forms of disparate impact. In contrast, courts have been more active in limiting disability discrimination by expanding the conditions that are considered disabling and by articulating and applying the operative concepts "reasonable accommodation" and "other qualified" in the context of both treatment and insurance coverage decisions. Finally, regarding constitutional rights, courts have had limited opportunity to intervene because, outside of specially protected arenas such as reproduction, constitutional law gives government wide discretion to define health and safety goals and methods. Thus, courts have had only a limited role in shaping health equity in the United States. It remains to be seen whether this will change under the Affordable Care Act or whatever health reform measure might replace it. Copyright © 2017 by Duke University Press.

Top 10 Estonian albums of 2004 / Igor Garshnek

Index Scriptorium Estoniae

Garšnek, Igor, 1958-

2004-01-01

Heliplaatidest: Arvo Pärt "Pro et contra", Various composers "Baltic Voices 2", Raimo Kangro "Displays", Toivo Tulev "Be Lost in the Call", Indrek Vau and Mati Mikalai "Estonian Trumpet Music", Erdmann/Sooäär "Dessert Time, Peer Gynt & Other Stories", Alo Mattiisen "50 parimat laulu", Riho Sibul "Must", Rein Rannap "Tantsib klaveril", Eesti Keeled "Kella tiksumist..."

Trace metal emissions from the Estonian oil shale fired power

DEFF Research Database (Denmark)

Aunela-Tapola, Leena A.; Frandsen, Flemming; Häsänen, Erkki K.

1998-01-01

Emission levels of selected trace metals from the Estonian oil shale fired power plant were studied. The plant is the largest single power plant in Estonia with an electricity production capacity of 1170 MWe (1995). Trace metals were sampled from the flue gases by a manual method incorporating...... in the flue gases of the studied oil shale plant contribute, however, to clearly higher total trace metal emission levels compared to modern coal fired power plants. Although the old electrostatic precipitators in the plant have been partly replaced by state-of-the-art electrostatic precipitators...... a two-fraction particle sampling and subsequent absorption of the gaseous fraction. The analyses were principally performed with ICP-MS techniques. The trace metal contents of Estonian oil shale were found to be in the same order of magnitude as of coal on average. The high total particle concentrations...

[Marge Rennit. Eesti muuseumid / Estonian museums] / Tapio Mäkeläinen

Index Scriptorium Estoniae

Mäkeläinen, Tapio

2009-01-01

Tutvustus: Eesti muuseumid = Estonian museums / [Eesti Muuseumiühing ; koostaja Marge Rennit ; tõlkija Tiina Mällo ; toimetaja Ivi Tammaru ; eessõna: Piret Õunapuu ; kujundaja Marek Allvee]. Tallinn : Oomen, 2008

Ruling of the Administrative Court of the Council of State of the Netherlands concerning the Appeal Lodged by Certain Environmental Protection Organizations (7th August 1981)

International Nuclear Information System (INIS)

1981-12-01

In June 1981, a Joint Dutch-Belgian-Swiss radioactive waste disposal operation into the Atlantic was scheduled to take place under the NEA Multilateral Consultation and Surveillance Mechanism for Sea Dumping of Radioactive Waste. The operation was suspended because, on the basis of the 1979 Environmental Protection (General Provisions) Act of the Netherlands, certain environmental protection organizations lodged an appeal against the licence for this operation before the Netherlands Administrative Court of the Council of State, which decided to suspend the operation before deciding on the merits of the case. On 7 August 1981, the Court dismissed the appeal in this Ruling. (NEA) [fr

Cancer incidence and thyroid disease among Estonian Chernobyl clean-up workers

Energy Technology Data Exchange (ETDEWEB)

Auvinen, A; Salomaa, S [eds.; Radiation and Nuclear Safety Authority, Helsinki (Finland); Rahu, M; Veidebaum, T; Tekkel, M [eds.; Inst. of Experimental and Clinical Medicine, Tallinn (Estonia); Hakulinen, T [ed.; Finnish Cancer Registry, Helsinki (Finland); Boice, Jr, J D [ed.; Int. Epidemiology Inst., MD (United States)

1998-09-01

The report describes the development and summarizes the results of the project Cancer incidence and thyroid disease among Estonian Chernobyl clean-up workers. One of the goals of the report is to give research protocols and questionnaires for researchers involved in other studies. Eight previously published articles are also included summarizing the results. The development of the collaboration work of the project is described in the introduction of the report. Epidemiological methods are described in an article complemented by the protocol and English version of the questionnaire administered to all cleanup workers, as well as the data collection form of the thyroid study. The results from biological biodosimetry using both glycophorin A and FISH methods have shown that the radiation doses received by the Chernobyl cleanup workers were relatively low. Thyroid nodularity was not associated with any radiation exposure characteristic in the thyroid screening study. Estonian Chernobyl cleanup workers were followed up for cancer incidence through the Estonian Cancer Registry. No cases of leukemia or thyroid cancer were observed by the end of 1993. It is too early to observe possible effect on other types of cancer. However, mortality from suicides was increased compared with general population. Further follow-up and the extension to other Baltic countries in the future will undoubtedly strengthen the study. There are also plans for future projects covering areas from psychosocial factors to radiation biology

MINORITY LANGUAGES IN ESTONIAN SEGREGATIVE LANGUAGE ENVIRONMENTS

Directory of Open Access Journals (Sweden)

Elvira Küün

2011-01-01

Full Text Available The goal of this project in Estonia was to determine what languages are spoken by students from the 2nd to the 5th year of basic school at their homes in Tallinn, the capital of Estonia. At the same time, this problem was also studied in other segregated regions of Estonia: Kohtla-Järve and Maardu. According to the database of the population census from the year 2000 (Estonian Statistics Executive Office's census 2000, there are representatives of 142 ethnic groups living in Estonia, speaking a total of 109 native languages. At the same time, the database doesn’t state which languages are spoken at homes. The material presented in this article belongs to the research topic “Home Language of Basic School Students in Tallinn” from years 2007–2008, specifically financed and ordered by the Estonian Ministry of Education and Research (grant No. ETF 7065 in the framework of an international study called “Multilingual Project”. It was determined what language is dominating in everyday use, what are the factors for choosing the language for communication, what are the preferred languages and language skills. This study reflects the actual trends of the language situation in these cities.

Problems of contemporary ecology. Temporal changes in Estonian nature and environment

International Nuclear Information System (INIS)

Frey, T.

1997-01-01

This conference was held 8-9 May 1997 at Tartu, Estonia. The proceedings of the 7. Estonian Conference in Ecology contain the results of mostly original research in environmental science, conservation and natural philosophy

Strategies for Estonian rural family enterprises. Eesti maapiirkonna pereettevõtete strateegia

Directory of Open Access Journals (Sweden)

Maret Kirsipuu

2013-01-01

Full Text Available The paper seeks to analyse family businesses in rural areas, family business strategies and re-registration of sole proprietors with the Centre of Registers and Information Systems (hereinafter Commercial Register in 2009, and to provide an overview of entrepreneurship policies targeted at Estonian rural businesses. Layoffs have increased the number of unemployed; some of those who have lost employment opt for social assistance benefits, but some others decide to become entrepreneurs. Many enterprising people in Estonia have set up a family enterprise, mainly in the sphere of services, agriculture and tourism. The Estonian entrepreneurship policy supports enterprising people and approves of entrepreneurship as a promoter of national economic development. One of the most positive qualities of family enterprises is their short decision-making chain, which ensures rapid implementation of the strategy.

USA SUPREME COURT OF JUSTICE AND EUROPEAN COURT OF JUSTICE (COMPARISON

Directory of Open Access Journals (Sweden)

Ovidiu-Horia Maican

2017-12-01

Full Text Available The US Supreme Court and the European Court of Justice are coordinating constitutional review. Although the European Union does not have a constitution, the European Court often engages in what functionally amounts to constitutional review, particularly in relation to the quasi-federal structure of the EU. Both courts have engaged in the constitutionalization of politics and seem in risk of politicizing the constitution. The threats to their respective powers and legitimacy are different. The US Supreme Court is vulnerable to internal forces (the President, Congress, national public opinion whereas the European Court is vulnerable to external forces (the member states and, in particular, theirs constitutional courts.

Court decisions on medical malpractice.

Science.gov (United States)

Knaak, Jan-Paul; Parzeller, Markus

2014-11-01

Recent studies on court cases dealing with medical malpractice are few and far between. This retrospective study, therefore, undertakes an analysis of medical malpractice lawsuits brought before regional courts in two judicial districts of the federal state of Hesse. Over a 5-year period (2006-2010), 232 court decisions on medical malpractice taken by the regional courts (Landgericht) of Kassel and Marburg were evaluated according to medical discipline, diagnosis, therapy, relevant level of care, charge of neglect of duty by the claimant party, outcome of the lawsuit, and further criteria. With certain overlaps, the disciplines most frequently confronted with claims of medical malpractice were accident surgery and orthopedics (30.2%; n = 70), dentistry (16.4%; n = 38), surgery (12.1%; n = 28), and gynecology and obstetrics (7.8%; n = 18), followed by the remaining medical disciplines (38.8%; n = 90). Malpractice allegations were brought against the practice-based sector in 35.8 % (n = 83) of cases, the hospital-based sector in 63.3% (n = 147) of cases, and other sectors in 0.9% (n = 2) of cases. The allegation grounds included false administration of treatment (67.2%; n = 156), false indication of treatment (37.1%; n = 86), false diagnosis (31.5%; n = 73), and/or organizational negligence (13.8%; n = 32). A breach of duty to inform was given as grounds for the claim in 38.8% (n = 90) of cases. A significant majority of 65.6% (n = 152) of cases ended in a court settlement. Of the cases, 18.9% (n = 44) were concluded by claim withdrawal, 11.2% (n = 26) by claim dismissal and 2.6% (n = 6) by criminal sentence. Of the cases, 1.7% (n = 4) were for purposes of securing evidence. Although there was no conclusive evidence of malpractice, two thirds of the cases ended in a court settlement. On the one hand, this outcome reduces the burden on the courts, but on the other, it can in the long term give

Performance-Based Budgeting and Management of Judicial Courts in France: an Assessment

Directory of Open Access Journals (Sweden)

Thierry Kirat

2010-04-01

Full Text Available The efficiency of civil justice has become a central issue in several communities, including national states that have undertaken to reform their civil procedures rules and/or to implement methods of case management (such as the USA and United Kingdomand international organizations such as the Council of Europe and the World Bank. Of course, there has always also been interest on the part of legal academics and judicial/court administration professionals.Court systems have two aspects: on one side, as public institutions, their funding, the recruitment of judges and clerks and employees, the procedural rules they must comply with, are determined by the state. On the other side, as organizations producing dispute resolution services, their operation and management are borne by the chiefs of courts. The importance of capacity management of the former, who are most often judges, is now acknowledged by most specialists, even if the compatibility between legal rationality and managerial rationality is questioned by some of them. This article seeks to explain the situation of French courts, focusing on court administration that can not be addressed without taking account of the broader framework of State policy concerning most specifically the budget-setting process which has undergone recent radical reforms.

Utilisation of Estonian energy wood resources

Energy Technology Data Exchange (ETDEWEB)

Muiste, P.; Tullus, H.; Uri, V. [Estonian Agricultural University, Tartu (Estonia)

1996-12-31

In the end of the Soviet period in the 1980s, a long-term energy programme for Estonia was worked out. The energy system was planned to be based on nuclear power and the share of domestic alternative sources of energy was low. The situation has greatly changed after the re-establishment of the Estonian independence, and now wood and peat fuels play an important role in the energy system. Energy consumption in Estonia decreased during the period 1970-1993, but this process has less influenced the consumption of domestic renewable fuels - peat and wood. It means that the share of these fuels has grown. The investment on substitution of imported fossil fuels and on conversion of boiler plants from fossil fuels to domestic fuels has reached the level of USD 100 million. The perspectives of the wood energy depend mainly on two factors; the resources and the price of wood energy compared with other fuels. The situation in wood market influences both the possible quantities and the price. It is typical that the quickly growing cost of labour power in Estonia is greatly affecting the price of energy wood. Though the price level of fuel peat and wood chips is lower than the world market price today, the conditions for using biofuels could be more favourable, if higher environmental fees were introduced. In conjunction with increasing utilisation of biofuels it is important to evaluate possible emissions or removal of greenhouse gases from Estonian forests 3 refs.

Utilisation of Estonian energy wood resources

Energy Technology Data Exchange (ETDEWEB)

Muiste, P; Tullus, H; Uri, V [Estonian Agricultural University, Tartu (Estonia)

1997-12-31

In the end of the Soviet period in the 1980s, a long-term energy programme for Estonia was worked out. The energy system was planned to be based on nuclear power and the share of domestic alternative sources of energy was low. The situation has greatly changed after the re-establishment of the Estonian independence, and now wood and peat fuels play an important role in the energy system. Energy consumption in Estonia decreased during the period 1970-1993, but this process has less influenced the consumption of domestic renewable fuels - peat and wood. It means that the share of these fuels has grown. The investment on substitution of imported fossil fuels and on conversion of boiler plants from fossil fuels to domestic fuels has reached the level of USD 100 million. The perspectives of the wood energy depend mainly on two factors; the resources and the price of wood energy compared with other fuels. The situation in wood market influences both the possible quantities and the price. It is typical that the quickly growing cost of labour power in Estonia is greatly affecting the price of energy wood. Though the price level of fuel peat and wood chips is lower than the world market price today, the conditions for using biofuels could be more favourable, if higher environmental fees were introduced. In conjunction with increasing utilisation of biofuels it is important to evaluate possible emissions or removal of greenhouse gases from Estonian forests 3 refs.

The problems and development potential of revenue autonomy in Estonian municipalities. Kohalike omavalitsuste tuluautonoomia probleemid ja arenguvõimalused Eestis

Directory of Open Access Journals (Sweden)

Janno Reiljan

2013-01-01

Full Text Available In a regionally heterogeneous country like Estonia, it is a difficult task to create a local government revenue structure that guarantees even supply of public services across the entire country and, at the same time, revenue autonomy for the municipalities. In the theoretical part of the current article the suitability of different sources of own revenues are analysed in the context of Estonian municipalities. The empirical part of the article compares the financing principles of Estonian municipalities with other EU countries. Finally, the proportions of different own sources of revenues in the budgets of Estonian local governments are examined and suggestions are made for changing the current system

Alberta's Estonians 1899 - Present TLÜ Akadeemilises Raamatukogus / Sander Jürisson

Index Scriptorium Estoniae

Jürisson, Sander

2014-01-01

Tallinna Ülikooli Akadeemilises Raamatukogus on üleval näitus "Alberta's Estonians 1899 - Present", mis annab ülevaate Kanada Alberta provintsi eestlaste loost. Näitus valmis Alberta Eesti Kultuuripärandi Seltsi koostöös Alberta Provintsi Arhiivi Kultuuripärandi Osakonnaga Edmontonis

Estonian Leader's Freedom Call Creates Storm / Anna Smolchenko

Index Scriptorium Estoniae

Smolchenko, Anna

2008-01-01

President Toomas Hendrik Ilvese esinemisest soome-ugri rahvaste maailmakongressil Hantõ-Mansiiskis, kohtumisest Venemaa presidendi Dmitri Medvedeviga, Eesti delegatsiooni saalist väljamarssimisest Venemaa riigiduuma väliskomisjoni esimehe Konstantin Kossatshovi sõnavõtu ajal. Ilmunud ka: St. Petersburg Times 1. juuli 2008, pealk.: Estonian Leader's Freedom Call Creates Controversy (lüh.). Vabariigi President töövisiidil Venemaal 27.-30.06.2008

Court-agency interaction in environmental policymaking: the cases of the Nuclear Regulatory Commission and the Environmental Protection Agency

International Nuclear Information System (INIS)

Thomas, L.W.

1981-01-01

This study examines the increasingly active participation of courts in the administrative process as well as agency responses to court-imposed policy shifts. More specifically, it is an investigation of the interaction between the federal courts, primarily the Supreme Court and the District of Columbia Court of Appeals, and two federal regulatory agencies, the Nuclar Regulatory Commission and the Environmental Protection Agency. There are five objectives to the study. The first is to examine the natura of court-agency interaction and to determine the extent to which patterns of judicial review of administrative actions can be discerned. The second is to examine the effect of court orders on agency programs and policies. The third is to assess the anticipatory dimension of court-agency relations. The fourth is to inquire into the recurring dimension of court-agency interaction and to determine its effect on subsequent court decisions. The last is to assess the institutional capacity of courts to deal with scientific and technological issues. This study indicates that judicial review has a substantial effect on the NRC's and the EPA's decision-making activities. Few, if any, recent major policy decisions of the two agencies have not been scrutinized closely by federal appellate courts. During the past decade, the courts have blocked policy initiative on numerous occasions and have been the primary source of change in others. In addition, the mere anticipation of judicial review was found to be a factor motivating the two agencies to make reasoned decisions

Smoking habits and attitudes towards smoking among Estonian physicians.

Science.gov (United States)

Pärna, K; Rahu, K; Rahu, M

2005-05-01

This study examined the smoking habits and attitudes towards smoking among Estonian physicians. Cross-sectional data for 2668 physicians were gathered by a self-administered postal survey. The current smoking prevalence was 24.9% for male physicians and 10.8% for female physicians. The percentages of ex-smokers were 32.9 and 16.8%, respectively. Smoking prevalence among physicians was below the levels reported for the highest educational bracket of the total population in Estonia. Non-smoking physicians had more unfavourable views towards smoking than those who smoked. The majority of physicians were aware of the association between smoking and various diseases, with significant differences between smokers and non-smokers. Non-smoking physicians were more active in asking patients about smoking habits than those who smoked. Most Estonian physicians, especially those who smoked, failed to perceive themselves as positive role models. This study found a lower prevalence of smoking among physicians compared with the general population, and demonstrated the impact of personal smoking on physicians' attitudes towards smoking. The results provide an important challenge to medical education in Estonia.

Exhibition of photography from the Estonian diaspora / Ellu Maar

Index Scriptorium Estoniae

Maar, Ellu, 1982-

2010-01-01

Näitus "Photography from the Estonian Diaspora / Väliseesti foto" Kumu Kunstimuuseumis 8.10.-19.11.2010, kuraatorid Eha Komissarov ja Ellu Maar. Näitus tutvustas 1944. a. Eestist lahkunud või juba võõrsil sündinud fotograafide (Eric Soovere, Karl Hintzer, Priit Vesilind, Rein Välme jt.) loomingut ja valikut väliseesti fotoarhiividest

Federal Constitutional Court, decision of October 5, 1982 (''Stade'')

International Nuclear Information System (INIS)

Anon.

1983-01-01

With the decision of October 5, 1982, the preliminary appraisal committee of the Federal Constitutional Court did not accept for trial the appeal on constitutional grounds against the judgment of December 22, 1980 of the Federal Administrative Court (BVerwGE 61, 256), which dismissed the action for anulment of the 7th part-construction permit for Stade nuclear power plant launched by the apellant domiciled at a distance of about 25 km from said power plant. The committee states that there are doubts even as to the admissibility of the appeal. There is no infringement of Art. 19, Para. 4 of the Basic Law, the court says, and explains the requirements to be met by the statement proving one's case. The apellant did not explain why Art. 3, Para. 1, 2 Para. 1, or 103, Para. 1 Basic Law present a reason to commence legal proceedings, and the court comes to the conclusion that even assuming admissibility on other grounds, the action would most likely be unsuccessful. The court does not accept the opinion stated by the apellant, that the Fed. Adm. Court demanded too stringent requirements for proving one's case, in this particular case the right of third parties affected to call for legal protection. The court furthermore states that there is not sufficient reason to appeal against the preclusion of the apellant's complaints in accordance with section 7 b of the Atomic Energy Act, or section 3(1) of the Nuclear Installations Ordinance. (HP) [de

Estonian Airi ümber käib lehmakauplemine / Tõnu Lilleorg

Index Scriptorium Estoniae

Lilleorg, Tõnu

2008-01-01

Skandinaavia lennukompanii SAS saatis Eesti valitsusele kirja, milles teatab, et on nõus raskustes Estonian Airile lisainvesteeringuid tegema vaid siis, kui riik müüb SAS-ile oma osaluse, 34%. Vt. samas: SAS ei taha lennufirma eest maksta üle 150 miljoni. Diagramm: Majandusnäitajad, omanikud

Spatial patterns of soil organic carbon stocks in Estonian arable soils

Science.gov (United States)

Suuster, Elsa; Astover, Alar; Kõlli, Raimo; Roostalu, Hugo; Reintam, Endla; Penu, Priit

2010-05-01

Soil organic carbon (SOC) determines ecosystem functions, influencing soil fertility, soil physical, chemical and biological properties and crop productivity. Therefore the spatial pattern of SOC stocks and its appropriate management is important at various scales. Due to climate change and the contribution of carbon store in the soils, the national estimates of soil carbon stocks should be determined. Estonian soils have been well studied and mapped at a scale 1:10,000. Previous studies have estimated SOC stocks based on combinations of large groups of Estonian soils and the mean values of the soil profile database, but were not embedded into the geo-referenced databases. These studies have estimated SOC stocks of Estonian arable soils 122.3 Tg. Despite of available soil maps and databases, this information is still very poorly used for spatial soil modelling. The aim of current study is to assess and model spatial pattern of SOC stocks of arable soils on a pilot area Tartu County (area 3089 sq km). Estonian digital soil map and soil monitoring databases are providing a good opportunity to assess SOC stocks at various scales. The qualitative nature of the initial data from a soil map prohibits any straightforward use in modelling. Thus we have used several databases to construct models and linkages between soil properties that can be integrated into soil map. First step was to reorganize the soil map database (44,046 mapping units) so it can be used as an input to modelling. Arable areas were distinguished by a field layer of Agricultural Registers and Information Board, which provides precise information of current land use as it is the basis of paying CAP subsidies. The estimates of SOC content were found by using the arable land evaluation database of Tartu from the Estonian Land Board (comprising 950 sq km and 31,226 fields), where each soil type was assessed separately and average SOC content grouped by texture was derived. SOC content of epipedon varies in

Role and activities of courts in procedures of atomic energy laws

International Nuclear Information System (INIS)

Shiono, Hiroshi

1980-01-01

The most typical dispute on atomic energy processes takes place in Japan around seeking the annulment of permission of the installation of reactors, and nine cases on the atomic energy facilities for power generation are now in discussion. Nullification proceedings are stipulated in the law of administrative issue legal procedure. Under the law, the abolition of administrative activities can be sought only by the persons who have legal interests, which mean legally protected interests according to Japanese court decisions. The expected damage due to hot water discharge from reactors was not examined in the Ikata judgement, because hot water discharge would be discussed in the examination of permission under the Electricity Enterprises Act, according to the court. In other respects, court judgements cover all dangers of atomic energy and harmful effects of radiation. The most important point of discussion is emergency core cooling system, and Japanese special circumstances are found in that the counter measures against earthquakes are the major problem. In the Ikata case, the court held that waste treatment should be examined, and that the judgement of the government office to some degree on the method of reprocessing would suffice. The Ikata decision maintained that the standard of safety examination should depend upon the present level of science. The attitude of the court in the Ikata case was not clear as to whether the discretion of the government office may be permitted in safety judgement. (Okada, K.)

Debatable questions of the lawyer’s responsibilities definition in the court: the foreign doctrine

Directory of Open Access Journals (Sweden)

Тетяна Борисівна Вільчик

2016-01-01

Conclusion. The conducted analysis of judicial decisions and scientific points of view leads to the following conclusions: 1 The legal status of lawyers is characterized by the fact that as participants in the proceedings, they take part together with the judges in the administration of justice. 2 Lawyers are an integral part of the administration of justice. 3 Lawyers should promote the efficient use of limited resources of the court. 4 The advocate’s duties in front of the court are of paramount importance and must be fulfilled even if a client gives a lawyer the opposite order. 5 Advocates should inform their client in time that their duty in front to the court is of paramount importance for the lawyer. 6 The lawyer’s duties include calling of the judge’s attention to any mistakes that he perhaps made. 7 Advocates should guide clients in litigation in the interests of promoting public confidence in the administration of justice

Comparison of knowledge, attitudes and behaviour regarding smoking among Estonian and Finnish physicians.

Science.gov (United States)

Pärna, Kersti; Rahu, Kaja; Barengo, Noël C; Rahu, Mati; Sandström, Patrick H; Jormanainen, Vesa J; Myllykangas, Markku T

2005-01-01

To compare smoking behaviour, attitudes and opinions towards smoking and smoking cessation among Estonian and Finnish physicians. A cross-sectional postal survey using a self-administered questionnaire was carried out among 2,480 Estonian and 2,075 Finnish physicians. Daily smoking prevalence was higher among Estonian physicians than among their Finnish counterparts in both male (18.6% and 6.7%) and female (6.6% and 3.6%). Compared to Estonia, physicians in Finland more often agreed that smoking is very harmful to their health, that trying to convince people to stop smoking is their responsibility and that smoking prevention should be part of the normal and special training of health professionals. In both countries, non-smoking physicians held more unfavourable attitudes towards smoking than those who were smoking. Physicians' own smoking patterns and quitting behaviour are important because physicians serve as models for their patients and play a key role in the reinforcement of smoke-free health facilities. These results remain a challenge to medical educators, especially in Estonia. Estonia needs to improve medical education in terms of motivating physicians to ask about the smoking patterns of their patients and of training medical students and resident physicians to counsel their patients to stop smoking.

Mental health court outcomes: a comparison of re-arrest and re-arrest severity between mental health court and traditional court participants.

Science.gov (United States)

Moore, Marlee E; Hiday, Virginia Aldigé

2006-12-01

Mental health courts have been proliferating across the country since their establishment in the late 1990's. Although numerous advocates have proclaimed their merit, only few empirical studies have evaluated their outcomes. This paper evaluates the effect of one mental health court on criminal justice outcomes by examining arrests and offense severity from one year before to one year after entry into the court, and by comparing mental health court participants to comparable traditional criminal court defendants on these measures. Multivariate models support the prediction that mental health courts reduce the number of new arrests and the severity of such re-arrests among mentally ill offenders. Similar analysis of mental health court completers and non-completers supports the prediction that a "full dose" of mental health treatment and court monitoring produce even fewer re-arrests.

Az észt névtervezés az észt nyelvpolitikai modell tükrében [The name management in the mirror of the Estonian LPP-model

OpenAIRE

Pomozi, Péter; Földesi, Eszter

2016-01-01

The Estonian model of language planning and policy, which has been serving the development and protection of the Estonian language in its current form since 2004, is one of the most successful of such strategies in Europe. It owes it success to the broad social and scientific consensus reached in questions of language policy, regardless of changes in government. The Development Plan of the Estonian Language divides Estonian language planning and policy into three parts: status planning, corpu...

The Modernization of the Audit Courts of Brazil: PROMOEX deployment assessment in Audit Courts subnational

Directory of Open Access Journals (Sweden)

Diones Gomes da Rocha

2017-09-01

Full Text Available Mainly since the Brazilian Federal Constitution of 1988, the Brazilian Courts of Accounts (TC had expanded its expertise to carry out the control of management of public entities on different perspectives, such as operational, accounting, budgetary and financial. The differences between these institutions in terms of economic, technological and human resources were factors that made it difficult to adapt these institutions to the new acquired competences. The Promoex then emerged as a solution for modernization of Brazilian subnational Courts of Accounts. Such solution had funds of US $ 64.4 million dollars. The purpose of this research, therefore, is to assess the implementation of this program by 33 TCs. The evaluation was conducted from documents collected from web pages of MPOG, ATRICON, IRB and the Portal of Brazil Courts of Accounts. The Loan Agreement 1628-OC / BR, Object Compliance Report, Progress Reports of the 1st and 2nd semesters of 2013 (final report, and surveys conducted by the FIA and FGV also were scrutinized. The results indicate that the Promoex was less than expected; the modernization proposals were more focused on solving administrative problems, as well as by the low impact of Promoex over the actions developed by the TCs.

Identity and Othering in Past and Present: Representations of the Soviet Era in Estonian Post-Soviet Textbooks

Directory of Open Access Journals (Sweden)

Katrin Kello

2018-02-01

Full Text Available This paper analyses representations of the ‘core Soviet era’ (1945-1985 in Estonian post-Soviet history textbooks (1989-2016. Attitudes towards the Soviet system have been a rich resource for identity building, and hence a powerful political tool across the whole of the post-Soviet block. Based on an analysis of sections about the Soviet era in Estonia in 21 textbooks, the paper takes a look at how textbooks reflect broader processes of social meaning making, identity building and othering after a profound social and political turn. In 1989 and during the early 1990s, perspectives and narratives in Estonian history textbooks were closely related to social memory and national politics, enacting a specific social representation of the Soviet era that dominated the Estonian-speaking public space during the 1990s. The Soviet era, Russia and local Russians became the main Others for Estonia and Estonians. Over time, public discourse has diversified. The national curriculum and textbooks, however, still maintain the canon that formed in 1990s and thus reflect earlier sentiments. Apart from the increasing salience of Soviet-era daily life in more recent textbooks, the thematic choices and emphases have changed little since the 1990s. Therefore, even if the style of writing has ‘cooled down’, issues of identity preservation, resistance and accommodation, together with a saliently negative representation of wrongdoings by the Soviet system, still prevail. On the one hand, this testifies to the resilience of an established tradition in the textbook genre in general. On the other hand, it reflects the dominance of an ethnocentric tradition in Estonian history textbook writing. The paper discusses the implications of these findings for interethnic relations in Estonia.

ECHR rules on liability of ISPs as a restriction of freedom of speech

NARCIS (Netherlands)

Husovec, Martin

2014-01-01

The European Court of Human Rights (ECtHR) in Strasbourg handed down its first case concerning the liability of intermediaries. A ruling of the Estonian Supreme Court that imposed broad liability and a general monitoring obligation upon an internet news portal vis-a-vis third party comments made on

The jurisdiction of administrative courts in disputes about the payment of costs incurred for investigating or supervisory tasks in compliance with section 21 AtG (Atomic Energy Act). Hess. VGH, decision of August 2, 1993 - 14 A 995/92

International Nuclear Information System (INIS)

Anon.

1994-01-01

Disputes about payment of costs incurred by investigating or supervisory tasks in compliance with section 21 AtG (Atomic Energy Act) are to be settled by a the first instance, the administrative courts. (Judgment of Higher Adm. Court of Hesse, as of August 2, 1993 - 14 A 995/92). (orig./HSCH) [de

The right to appeal under the constitution of Albania and court jurisdiction

Directory of Open Access Journals (Sweden)

Donika Plakolli

2017-03-01

Full Text Available The right to appeal is both a fundamental human right and a procedural tool, whereby parties exercise examination of the lawfulness of court rulings, etc. The constitution of the Republic of Albania, 1 approved in 1998, expressly provides for and guarantees the right to file an appeal. Unlike other rights, this fundamental right was not restricted, being in accordance with Article 17 of the Constitution, except for cases otherwise provided in the Constitution. In accordance with this constitutional right and guarantee, all codes of administrative procedures, civil and criminal procedure, provided for and widely guaranteed the exercise of the right to file an appeal. This absence of restriction of the right to fi le an appeal brought about an overload of court cases and trial delays, thus making the completion of the adjudication within a reasonable deadline uncertain. As a result, there rose the necessity to limit this right in the Constitution of the Republic of Albania. The amendments to the Constitution by Law no. 76/2016 also limited the right to fi le an appeal under Article 17 of the Constitution. However, these amendments were not complete, as they did not entail the exercise of the right to file an appeal against decisions of administrative authorities. The jurisdiction of the Constitutional Court of Albania is a guarantee of the right to appeal/effective access in the civil and administrative process, although slightly controversial in the criminal process. However, positive developments regarding the guarantee of effective access to the court have recently occurred. Even in the broad jurisdiction of the European Court of Human Rights, when cases from Albania have been adjudicated, violations of the right to effective appeal have been observed in the criminal process.

Development of a breeding objective for Estonian Holstein cattle

Directory of Open Access Journals (Sweden)

E. PÄRNA

2008-12-01

Full Text Available Economic weights for milk carrier (water plus lactose, fat and protein yields, calving interval, age at first service, interval between the first service and conception of heifers and length of productive life of Estonian Holsteins were estimated under assumed milk production quota and for non-quota conditions. A bio-economic model of an integrated production system of a closed herd was used. Economic values of milk carrier yield and length of productive life differed between quota and non-quota conditions, but there were only minor differences between those marketing systems in economic values for functional traits. The standardised economic values of the most important traits varied in magnitude between18 to 81% of the economic value for milk yield. Discounting had a substantial impact on the economic value of length of productive life. When defining the breeding objective for Estonian Holstein, the interval between the first service and conception of heifers, and the length of productive life should be included in the breeding goal along with the traits with the highest economic value, milk, fat and protein yield. In the optimum breeding objective, relative weights of production vs. functional traits were 79 and 21%, respectively.;

5 CFR 581.307 - Compliance with legal process requiring the payment of attorney fees, interest, and/or court costs.

Science.gov (United States)

2010-01-01

... the payment of attorney fees, interest, and/or court costs. 581.307 Section 581.307 Administrative... payment of attorney fees, interest, and/or court costs. Before complying with legal process that requires withholding for the payment of attorney fees, interest, and/or court costs, the governmental entity must...

Importance of court practice review in Russian arbitration (commercial) court proceedings

OpenAIRE

Solovyev, A.

2013-01-01

The article concerns the matters of court practice review in terms of participation in arbitration (commercial) court proceedings. The author gives general description of the system of the arbitration courts administering business and economic justice in the Russian Federation, covered the key areas and worked out the practical recommendations concerning the focal points of arranging the appropriate work in respect of review of law enforcement practice of such courts.

Trends in smoking behaviour among Estonian physicians in 1982-2014.

Science.gov (United States)

Pärna, Kersti; Põld, Mariliis; Ringmets, Inge

2017-07-25

Smoking surveys among physicians have proved useful in highlighting the importance of physicians as healthy life style exemplars and role models in tobacco control and smoking cessation. The aim of this study was to give an overview of smoking behaviour among Estonian physicians from 1982 to 2014. Three cross-sectional postal surveys using a self-administered questionnaire were carried out among all practising physicians in Estonia. The number of physicians participating in this study was 3786 in 1982, 2735 in 2002, and 2902 in 2014. Data analysis involved calculating the age-standardized prevalences of smoking, prevalences of smoking by age group and mean age of smoking initiation. A non-parametric test for trend was used to assess significant changes in smoking over time. Age-standardized prevalence of current smoking among men was 39.7% in 1982, 20.9% in 2002, and 14.3% in 2014 and among women 12.2%, 8.0%, and 5.2%, respectively (p smoking among men and women was in age groups under 35 (from 55.2% to 16.7% and from 16.7% to 2.8%, respectively) and 35-44 (from 47.1% to 8.3% and from 19.5% to 5.1%, respectively) (p smoking initiation decreased from 20.4 to 19.3 among men and from 24.5 to 20.4 among women over the study period. In 1982-2014, smoking prevalence among Estonian physicians declined substantially. This may influence the willingness of society to recognize the health consequences of smoking which could give a support to the decline of the smoking epidemic in the country. Differences between smoking among male and female physicians persisted over the study period, but mean age of smoking initiation decreased. A further decline in smoking among Estonian physicians should be encouraged by special efforts targeted at physicians.

Field trial on glucose-induced insulin and metabolite responses in Estonian Holstein and Estonian Red dairy cows in two herds

Directory of Open Access Journals (Sweden)

Kaart Tanel

2010-01-01

Full Text Available Abstract Background Insulin secretion and tissue sensitivity to insulin is considered to be one of the factors controlling lipid metabolism post partum. The objective of this study was to compare glucose-induced blood insulin and metabolite responses in Estonian Holstein (EH, n = 14 and Estonian Red (ER, n = 14 cows. Methods The study was carried out using the glucose tolerance test (GTT performed at 31 ± 1.9 days post partum during negative energy balance. Blood samples were obtained at -15, -5, 5, 10, 20, 30, 40, 50 and 60 min relative to infusion of 0.15 g/kg BW glucose and analysed for glucose, insulin, triglycerides (TG, non-esterified fatty acids (NEFA, cholesterol and β-hydroxybutyrate (BHB. Applying the MIXED Procedure with the SAS System the basal concentration of cholesterol, and basal concentration and concentrations at post-infusion time points for other metabolites, area under the curve (AUC for glucose and insulin, clearance rate (CR for glucose, and maximum increase from basal concentration for glucose and insulin were compared between breeds. Results There was a breed effect on blood NEFA (P P P P P P th min nadir (P th min postinfusion (P Conclusion Our results imply that glucose-induced changes in insulin concentration and metabolite responses to insulin differ between EH and ER dairy cows.

Organizational Commitment in Estonian University Libraries: A Review and Survey

Science.gov (United States)

Kont, Kate-Riin; Jantson, Signe

2014-01-01

The data used in this article is based on the reviewing of relevant literature to provide an overview of the concepts of organizational commitment, job security, and interpersonal relations, as well as on the results of the original online survey, conducted by the article's authors, held in 2012 in Estonian university libraries governed by public…

The Acceptance of Court Judgments: the Influence of Procedural and Distributive Justice : Explaining a citizen’s choice to appeal in administrative legal procedures

OpenAIRE

Boekema, I.M.

2014-01-01

The research aims to shed light on citizens’ perceptions of judicial procedures by focusing on the appeals procedure in administrative law. Especially, the study tries to clarify which motives might underlie an appeal by a citizen after a negative judgment by the court of first instance. Why does one citizen appeal, while another chooses to end the conflict? Do citizens make this choice in a ‘rational’ fashion, weighing costs and benefits, or does this choice depend on normative consideration...

Estonian folk traditional experiences on natural anticancer remedies: from past to the future.

Science.gov (United States)

Sak, Katrin; Jürisoo, Kadi; Raal, Ain

2014-07-01

Despite diagnostic and therapeutic advancements, the burden of cancer is still increasing worldwide. Toxicity of current chemotherapeutics to normal cells and their resistance to tumor cells highlights the urgent need for new drugs with minimal adverse side effects. The use of natural anticancer agents has entered into the area of cancer research and increased efforts are being made to isolate bioactive products from medicinal plants. To lead the search for plants with potential cytotoxic activity, ethnopharmacological knowledge can give a great contribution. Therefore, the attention of this review is devoted to the natural remedies traditionally used for the cancer treatment by Estonian people over a period of almost 150 years. Two massive databases, the first one stored in the Estonian Folklore Archives and the second one in the electronic database HERBA ( http://herba.folklore.ee/ ), containing altogether more than 30 000 ethnomedicinal texts were systematically reviewed to compile data about the Estonian folk traditional experiences on natural anticancer remedies. As a result, 44 different plants with potential anticancer properties were elicited, 5 of which [Angelica sylvestris L. (Apiaceae), Anthemis tinctoria L. (Asteraceae), Pinus sylvestris L. (Pinaceae), Sorbus aucuparia L. (Rosaceae), and Prunus padus L. (Rosaceae)] have not been previously described with respect to their tumoricidal activities in the scientific literature, suggesting thus the potential herbal materials for further investigations of natural anticancer compounds.

Against the wearing of anti-nuclear buttons by teachers. Hamburg Administrative Court, decision of March 6, 1979

Energy Technology Data Exchange (ETDEWEB)

1979-11-01

In its decision the Administrative Court of Hamburg confirms the interdiction of the Hamburg School Board, directed to a mistress of a secondary school, from wearing the button 'Nuclear power - No, thanks' at school and in classrooms, and it dismisses the teacher's appeal. According to the Hamburg Law on Civil Servants, and as a civil servant, she has to exercise restraint with regard to political activities, i.e., she has to stop wearing this button. Considering carefully both, her duties with regard to the educational task incumbent on schools, and her basic right to express her opinion freely, it has to be considered that this restraint only refers to the service rendered by her in school. In addition, she may express her views during classroom discussions, too, or when she deals with this problem in class.

HIV testing and counselling in Estonian prisons, 2012 to 2013: aims, processes and impacts.

Science.gov (United States)

Kivimets, K; Uuskula, A

2014-11-27

We present data from an observational cohort study on human immunodeficiency virus (HIV) prevention and control measures in prisons in Estonia to assess the potential for HIV transmission in this setting. HIV testing and retesting data from the Estonian prison health department were used to estimate HIV prevalence and incidence in prison. Since 2002, voluntary HIV counselling and testing has routinely been offered to all prisoners and has been part of the new prisoners health check. At the end of 2012, there were 3,289 prisoners in Estonia, including 170 women: 28.5% were drug users and 15.6% were infected with HIV. Of the HIV-positive inmates, 8.3% were newly diagnosed on prison entry. In 2012, 4,387 HIV tests (including retests) were performed in Estonian prisons. Among 1,756 initially HIV-negative prisoners who were in prison for more than one year and therefore tested for HIV twice within 12 months (at entry and annual testing), one new HIV infection was detected, an incidence of 0.067 per 100 person-years (95% confidence interval (CI): 0.025–5.572). This analysis indicates low risk of HIV transmission in Estonian prisons. Implementation of HIV management interventions could impact positively on the health of prisoners and the communities to which they return.

AN EMPIRICAL ANALYSIS OF STATE COURTS: DILEMMAS, PARADOXES AND PERPLEXITIES

Directory of Open Access Journals (Sweden)

Morgana Paiva Valim

2015-12-01

Full Text Available This article is a cut on the ideologies and practices recommended by the State Court of Rio de Janeiro compared to the Special Courts. The organization of this body reflects the tensions and conflicts that permeate the legal field and show that through their practices maintenance convictions of power relations emerge the politicization of the agents in this locus. For sure, the state nods proposals considered innovative and socially oriented as electronic application with the aim of optimizing the administration of the court and made to minimize questions of efficiency and effectiveness of their services. The objective was to thus mark since the creation, construction and development activities as a mechanism for an observational reading inspired by the anthropology, also verified the categories of access to justice and citizenship.

The curious case of Court Manager in India: From its creation to its desertion

Directory of Open Access Journals (Sweden)

Geeta Oberoi

2017-12-01

Full Text Available The Government of India though made an honest attempt to relieve judges from their administrative and non-judicial works and for the same created the post of court managers for courts, the judiciary in India did not embrace this initiative and with the help of registry staff almost failed this project. In this article, some reasons are explored as to why judiciary gave cold shoulder to this project and what could be way out to reverse the mindset to create acceptance for court managers for performing non-judicial functions.

At the Supreme Court.

Science.gov (United States)

Williams, Charles F.

2000-01-01

States that in the past juvenile courts afforded children with fewer rights than criminal courts accorded to adults accused of the same crimes. Reviews three U.S. Supreme Court cases that affirmed the constitutional rights of juvenile offenders and changed juvenile court proceedings. Discusses whether the juvenile death penalty violates…

COURT OF JUSTICE OF THE EUROPEAN UNION - INTERNATIONAL COURT

Directory of Open Access Journals (Sweden)

Ioana Nely Militaru

2015-11-01

Full Text Available Court of Justice of the European Union (CJEU performs according to its competence, the position of International Justice in solving disputes between two or more subjects of international law. International jurisdiction of the Court of Justice of the EU is - mandatory that each Member State has the opportunity to seize this court if it considers that another state violated an obligation incumbent upon it under Union Treaties; - optional in disputes between Member States in connection with the subject Union Treaties.

The International Criminal Court at the crossroads

Directory of Open Access Journals (Sweden)

Abdelwahab Biad

2010-05-01

Full Text Available Since the adoption of the Statute of Rome in July 1998, the ICC has been confronted by a number of problems. One such problem is the disagreement which persists among the members of the Assembly of Member States as to whether the crime of Aggression is one over which the Court has competence pursuant to Article 5 of the Statute. Another diffi culty is the opposition of the United States of America which, since the Bush Administration, has deployed a juridical arsenal with the aim of impeding any type of collaboration with the ICC; the tools in the arsenal include the American Service Members’ Protection Act and bilateral immunity agreements which prevent the transfer of American citizens to the Court by State members of the Rome Statute. The entry into force of the of the Statute on 1 July 2002 allowed the Court Prosecutor to initiate the fi rst investigations and processes for war crimes and crimes against humanity committed in the confl icts which have devastated certain African States (D.R.C., The Central African Republic and Uganda. The arrest warrant against the Sudanese President Omar Al Bashir for atrocities committed in Darfur demonstrates the limitations of action on the Court which cannot carry out its mandate without the cooperation of the States. Above all, the Court must confront the criticism of “double standards” and that it is an instrument of “justice for the poor”, while the “powerful” escape. The answers to these problems can be contributed to, in part, through the revision process foreseen by the Statute nine years after its entry into force.

Civil rights reference of administrative procedures

International Nuclear Information System (INIS)

Held, J.

1984-01-01

The book deals with the constitutional obligations which substantive civil rights demand from administrative procedures. The Federal Constitutional Court distinguishes between protection of civil rights in, and by, administrative and judicial procedures. The author analyses the example of the decision of the Federal Constitutional Court concerning the atomic power plant of Muelheim-Kaerlich. In the licensing procedure pursuant to the Atomic Energy Act, the civil rights of persons concerned are guaranteed by the governmental obligation to its protection. (CW) [de

Case law and administrative decisions

International Nuclear Information System (INIS)

2003-01-01

Some extracts of case law: ruling of the Supreme Administrative Court on the decision to shut units 3 and 4 of Kozloduy nuclear power plant (Bulgaria), judgement of the County Court of Cherbourg concerning the import of spent fuel to La Hague (France), judgement of the Nagoya High Court on the invalidity of the licence to establish the Monju reactor, judgement of the Mito District Court issuing penalties in respect of the Tokai-Mura accident, the Principle of justification: the application of the Principle to the Manufacture of MOX fuel in the UK, Ruling of the US Court of International trade in relation to the sale of uranium enrichment services in the United States, Commission v Council Accession of the Community to the Convention on nuclear safety, government decision not to appeal court ruling on the continued operation of the Borssele nuclear power plant. (N.C.)

[Pärtel Lippus. The acoustic features and perception of the Estonian quantity system] / Stefan Werner

Index Scriptorium Estoniae

Werner, Stefan

2012-01-01

Arvustus: Pärtel Lippus. The acoustic features and perception of the Estonian quantity system. Tartu : Tartu University Press, 2011. (Dissertationes philologiae estonicae Universitatis Tartuensis ; 29)

Eesti autobiograafilise kirjutuse kujunemisest 18. sajandist Teise maailmasõjani. The Development of Estonian Autobiographical Writing from the 18th Century to the Second World War

Directory of Open Access Journals (Sweden)

Rutt Hinrikus

2012-04-01

Full Text Available In this article I examine the development of Estonian autobiographical writing from its first manifestations to published memoirs, and the development of life writing and its diversification. The beginnings of life writing can be traced back to Estonian folk song and Estonian incidental poetry. The Moravian Brethren movement in Estonia in the 18th century promoted the spread of canonical autobiography. The Moravian Brethren offered alternative opportunities for self-realisation for Estonians who were serfs, and were therefore popular with the people. The practice of the Moravian Brethren made use of retelling and writing about the life of the congregation members, which sometimes became suitable biographies in print, especially stories of awakening. Several manuscript biographies have survived from the Brethren times, such as the biographies of Mäletu Jaan and Mihkel Sarapuu. In addition to the history of the Moravian Brethren movement, these biographies give information about the educational situation and living conditions of the people of the time. The Estonian life writing tradition emerged within the reigning Baltic German cultural space thanks to the Estophiles among the Baltic Germans (J. H. Rosenplänter and the first Estonian men of letters; from the early 19th century we have the diary by Rosenplänter, an estophile pastor from Pärnu, and the diary by the Estonian poet, the then-student Kristjan Jaak Peterson, both in the Estonian language. Johann Voldemar Jannsen, the founder of Estonian-language journalism, kept a diary in the German language for a longer period of time; it was usual that the first Estonian intellectuals (Lilli Suburg, and others in the late 19th century wrote in German. Admittedly, the first Estonian-language life history was written by a forward-looking 19th century peasant named Märt Mitt (1833-1912, who was conscious of himself as a historical subject and gave his memoirs, begun in the 1880s, a memorable title

Estonian Cell peab suu kasumist puhtaks pühkima / Kaisa Tahlfeld, Katre Pilvinski

Index Scriptorium Estoniae

Tahlfeld, Kaisa

2008-01-01

Estonian Cell saatis valitsusele pöördumise, milles palutakse teha parandusi elektrienergiaga seonduvates seadustes, mis aitaksid ettevõtet energia hinnatõusu ajal. Elektri hinnatõusu tõttu on muutunud küsitavaks ka Nitroferti tehase edasine eksisteerimine

Serological evidence of exposure to globally relevant zoonotic parasites in the Estonian population

DEFF Research Database (Denmark)

Lassen, Brian; Janson, Marilin; Viltrop, Arvo

2016-01-01

We investigated Estonian population and its selected subgroups for serological evidence of exposure to Ascaris lumbricoides, Echinococcus spp., Taenia solium, Toxocara canis, Toxoplasma gondii, and Trichinella spiralis. Serum samples from 999 adults representing general population, 248 children a...

La bonne administration en droit communautaire et le Code européen de bonne conduite administrative

NARCIS (Netherlands)

Mendes, J.

2009-01-01

The Code of Good Administrative Behaviour is an important source for understandingthe principle and concept of good administration in European administrative law, since itencompasses certain aspects that tend to be overlooked by the case law of the European Courts andEuropean law scholars.

Case of administrative dispute

Directory of Open Access Journals (Sweden)

Xhemazie Ibraimi

2015-11-01

Full Text Available The activity of administrative bodies includes big numbers of various acts and actions, through which the will of public administration is formed. The will of public administration bodies, expressed in administrative individual and normative acts, in administrative contracts and real acts, finds its reflection in the Constitution, laws and other provisions of legal character. All this activity is not inerrant and therefore, it is not uncontrollable. The supervision of executive activity is subject to political control of administrative acts through authorities designated for this purpose, as well as internal control and the judicial control. The institution of judicial control of administrative acts and actions appears as very important and widely treated in the legal doctrine. The protection of constitutional and legal rights of private persons is accomplished by subjecting administrative activity both to internal administrative control, as well as to the judicial control in accordance with legal provisions. The judicial control of administrative acts represents a constitutional guarantee for citizens to protect their rights through public and fair trial by an independent and impartial court. In this way, the Constitution empowers the common administrative court that invalidates an action or administrative act, but not all administrative acts may be subject to administrative dispute, with the exception of cases against which the administrative conflict cannot be carried out (negative enumeration.

Acquisition of noun derivation in Estonian and Russian L1

Directory of Open Access Journals (Sweden)

Reili Argus

2018-04-01

Full Text Available Acquisition of derivation is not a well-studied area in first language research and a comparative approach to the acquisition of derivation in different languages doesn’t exist. There is no information on how a child acquires derivation in a language with a rich and regular system of derivational patterns, or in a language where derivation is productive, but the system of derivational patterns is opaque. According to general ideas of complexity in a language, the child should start to use simplex stems first and, only after that, complex ones, that is, complexity should increase in the course of acquisition. Our paper is intended to address these issues, based on longitudinal child data from typologically different languages, Estonian and Russian. The results revealed significant differences in the acquisition of noun derivation in the two languages under observation. The system of noun derivation is acquired at a faster pace in Russian, while Estonian children have far fewer noun derivatives in their speech and they use different derivation suffixes with less regularity. Even so, the so-called building block model may be applied for both languages only partially.

Tiger in Focus--A National Survey of ICT in Estonian Schools

Science.gov (United States)

Toots, Anu; Laanpere, Mart

2004-01-01

Estonia has not participated in international studies of ICT in education, nor have there been any similar studies at the national level up until the year 2000. The first survey of ICT in Estonian schools was conducted after completion of the national school computerization programme called Tiger Leap. This paper focuses on the targeted responses…

Consumer Socialisation and Value Orientations among Estonian and Chinese Young People

Science.gov (United States)

Waerdahl, Randi; Kalmus, Veronika; Keller, Margit

2011-01-01

This paper asks if Estonian and Chinese tweens' access to pocket money influences their brand valuation, as well as value orientations in the context of perceived peer popularity and personal well-being. Surveys conducted in autumns 2006 (China n = 188) and 2007 (Estonia n = 111) show an inherent cultural resistance among tweens in both countries…

Az észt névtervezés az észt nyelvpolitikai modell tükrében [The name management in the mirror of the Estonian LPP-model

Directory of Open Access Journals (Sweden)

Pomozi, Péter

2016-12-01

Full Text Available The Estonian model of language planning and policy, which has been serving the development and protection of the Estonian language in its current form since 2004, is one of the most successful of such strategies in Europe. It owes it success to the broad social and scientific consensus reached in questions of language policy, regardless of changes in government. The Development Plan of the Estonian Language divides Estonian language planning and policy into three parts: status planning, corpus planning and prestige planning. Name management is a part of corpus planning, although certain aspects are also connected to legal and prestige planning. Name management strategies are present in all components of the Estonian model of language planning and policy, as linguistically appropriate name use is not only a socio-cultural, but economic question, as informative and easy to understand names contribute to measurable economic advantages. The paper mainly demonstrates the dilemmas and answers of Estonian name management through examples from personal name giving practices, but questions concerning the problems of name use in a multicultural environment and the difficulties of place name and firm name management are also discussed.

Väärikas Estonian Air jäi kampaaniaga hätta / Alyona Stadnik

Index Scriptorium Estoniae

Stadnik, Alyona

2010-01-01

Estonian Air müüs veebikaupluse cherry.ee kaudu soodsaid kinkekaarte. Vastuolu tekkis asjaolust, et nõudlus kinkekaartide järele oli suurem kui pakkumine. Lennukompanii katkestas soodsate kinkekaartide müügi

ADMINISTRATIVE CONTRACTS. DELIMITATIONS

Directory of Open Access Journals (Sweden)

Liana Teodora PASCARIU

2016-12-01

Full Text Available Article examines whether all contracts of public persons are administrative contracts; in other words, if the administration may conclude contracts that, according to their legal nature, are not administrative. If we start from the definition of administrative contracts as it appears in Law no. 554/2004, these include contracts by public authorities which concern the enhancement of public property execution of works of public interest, public services, public procurement and other administrative contracts provided by special laws and subject to the jurisdiction of the administrative courts.

Field of genes: the politics of science and identity in the Estonian Genome Project.

Science.gov (United States)

Fletcher, Amy L

2004-04-01

This case study of the Estonian Genome Project (EGP) analyses the Estonian policy decision to construct a national human gene bank. Drawing upon qualitative data from newspaper articles and public policy documents, it focuses on how proponents use discourse to link the EGP to the broader political goal of securing Estonia's position within the Western/European scientific and cultural space. This dominant narrative is then situated within the analytical notion of the "brand state", which raises potentially negative political consequences for this type of market-driven genomic research. Considered against the increasing number of countries engaging in gene bank and/or gene database projects, this analysis of Estonia elucidates issues that cross national boundaries, while also illuminating factors specific to this small, post-Soviet state as it enters the global biocybernetic economy.

The United States' Rejection of the International Criminal Court: A Strategic Error

National Research Council Canada - National Science Library

Watson, Rickey

2008-01-01

.... The United States was a major part of these negotiations but did not accept the result. The Bush administration and Congress have pursued a markedly hostile attitude towards the International Criminal Court (ICC...

German Federal Constitutional Court decision of May 22, 1990. On the right of the Federal Government to issue instructions in the field of commission administration

International Nuclear Information System (INIS)

Anon.

1991-01-01

The Federal Constitutional Court discusses questions relating to the distribution of competence in the field of commission administration pursuant to Article 85 of the Basic Law ('Grundgesetz') in connection with a specific licensing procedure under atomic law (Kalkar). Under Art. 85 of the Basic Law executive competence is assigned irrevocably to the individual State, whereas substantive competence is always only assigned to the State insofar as it is not claimed by Federal Government. The decision further reviews questions of: Legal injury through federal instruction pursuant to Article 85 (3) of the Basic Law; a claimable right to the substantively lawful execution of the authority to instruct or even a right to sue for an injunction in the case of an infringement of the Constitution or of a basic right and associated boundary questions; the nedessity of clarity of instructions; and the obligation of Federal Government to act in a manner conducive to the promotion of the interests of the Federation as such. The Court also made it clear that the limits to the influence of the state on the rights of the individual derived from the principle of the Rule of Law do not apply to questions concerning competence in the Federation-State relationship. [Reference: Federal Constitutional Court 2 BvG 1/88, decision of May 22, 1990]. (RST) [de

The Role of Language in (Recreating Tatar Diaspora Identity: The Case of the Estonian Tatars

Directory of Open Access Journals (Sweden)

Maarja Klaas

2015-06-01

Full Text Available This paper focuses on the meanings assigned to Tatar language among the Tatar diaspora in Estonia. According to interviews with Estonian Tatars as well as descriptions of field material from Tatarstan, language is an important aspect of Tatar ethnic identity. This paper will track common discourses about the Tatar language and the way it is connected to Tatar ethnic identity. Issues concerning Tatar language are used to demonstrate various ways of enacting Tatarness in Estonia. It is shown that Estonian Tatars worry about the vitality and purity of Tatar language, but for some, marginalization of dialects is also an issue. People categorized with the same identity labels by self and others can experience and enact their Tatarness in a variety of different ways.

75 FR 7562 - Certain Steel Concrete Reinforcing Bars From Turkey: Notice of Court Decision Not in Harmony With...

Science.gov (United States)

2010-02-22

... Reinforcing Bars From Turkey: Notice of Court Decision Not in Harmony With Final Results of Administrative...: On January 19, 2010, the United States Court of International Trade (CIT) sustained the Department of... Corporation, Gerdau Ameristeel Corporation, and Commercial Metals Company v. United States and Icdas Celik...

Medication assisted treatment in US drug courts: results from a nationwide survey of availability, barriers and attitudes.

Science.gov (United States)

Matusow, Harlan; Dickman, Samuel L; Rich, Josiah D; Fong, Chunki; Dumont, Dora M; Hardin, Carolyn; Marlowe, Douglas; Rosenblum, Andrew

2013-01-01

Drug treatment courts are an increasingly important tool in reducing the census of those incarcerated for non-violent drug offenses; medication assisted treatment (MAT) is proven to be an effective treatment for opioid addiction. However, little is known about the availability of and barriers to MAT provision for opioid-addicted people under drug court jurisdiction. Using an online survey, we assessed availability, barriers, and need for MAT (especially agonist medication) for opioid addiction in drug courts. Ninety-eight percent reported opioid-addicted participants, and 47% offered agonist medication (56% for all MAT including naltrexone). Barriers included cost and court policy. Responses revealed significant uncertainty, especially among non-MAT providing courts. Political, judicial and administrative opposition appear to affect MAT's inconsistent use and availability in drug court settings. These data suggest that a substantial, targeted educational initiative is needed to increase awareness of the treatment and criminal justice benefits of MAT in the drug courts. Copyright © 2013 Elsevier Inc. All rights reserved.

E-Banking: Risk Management Practices of the Estonian Banks

OpenAIRE

Dmitri Sokolov

2007-01-01

During the last years the development of e-banking in Estonia has been very significant. According to the report of the World Economic Forum, the Estonian IT-development has been substantial. The success of e-banking in Estonia can be compared to the corresponding success of the Nordic countries. According to the Deutsche Bank Research, around 70-80% of the Internet users in Estonia use Internet banking and in this respect, Estonia could be compared to Finland, Norway and Iceland. Despite of ...

NATIONAL COUNCIL FOR COMBATING DISCRIMINATION – COURT OF JUSTICE OF EUROPEAN UNION – BUCHAREST COURT OF APPEAL. CAUSE C-81/12

Directory of Open Access Journals (Sweden)

Cristian JURA

2014-05-01

Full Text Available The scope of this investigation consists in closing the jurisdictional circle initiated in 2010 and analysing the national and European procedural, jurisdictional-administrative issues, in case of notifying some institutions related to certain discriminatory assertions. The investigation relies on assertions made during a radio show. On 12 October 2011 the Bucharest Court of Appeal ruled the notification of the Court of Justice of European Union related to preliminary questions formulated and ordered the suspension of the case until the settlement of the procedure. In 2013, the Bucharest Court of Appeal, although initially accepting the preliminary application of ACCEPT, submitting the case to the Court of Justice of European Union in order to determine the manner of interpretation of communitarian legislation related to the claims of plaintiff, eventually all arguments of CNCD have been accepted that is the warning is an effective, reasonable, dissuasive and (contextual proportional sanction, and such declaration cannot be understood as a discrimination in the labour field. De facto, the assertions of CNCD were in full agreement with the resolution of the Court of Justice of European Union, that is the communitarian legislation does not exclude the application of some sanctions without pecuniary character, such as the sanction with warning, since this kind of sanction does not have only a symbolic character, being a contraventional legal sanction, mainly when associated a relevant degree of advertising (such in the case, and the addressee is addressed, with arguments, directly and expressly the recommendation of meeting the non-discrimination principle, under the implicit effect of a more drastic sanction in case of relapse (discrimination in the same field.

SPECIALIZED COURTS OF THE EUROPEAN UNION

Directory of Open Access Journals (Sweden)

Ioana Nely Militaru

2013-11-01

Full Text Available Treaty of Lisbon entered into force on 1 December 2009, improved functioning judicial system European Union ( EU. Court of Justice of the EU has been reformed, said Treaty changing the EU courts so very name : Court of Justice of the EU, the Court referred to above, the Court of First Instance, and specialized courts, known previously, judicial panels. The paper shows the first part of his creation, composition and competence of the specialized courts, and as a manifestation of them in the second part examines the Civil Service Tribunal, the same point of view. EU specialized courts may be set up in specific areas, specializing in some technical disputes. These specialized courts have jurisdiction to hear and decide the cases in the first instance with the possibility that their decision subject to appeal to the General Court . In this context, to resolve disputes between the Union and its officials was established Tribunal.

Federal Constitutional Court. Decision of July 8, 1982 (Wyhl)

International Nuclear Information System (INIS)

Anon.

1983-01-01

With the decision of July 8, 1982, the second senate of the Federal Constitutional Court judged the action on constitutional grounds, brought in by the municipality of Sassbach near Kaiserstuhl to achieve annulment of the construction permit for Wyhl nuclear power plant, to be inadmissible and also partly unfounded. This decision was taken unanimously. In its statement the Court explains basic ideas on the applicability of the Basic Law with regard to juristic persons within the purview of public law and activities on their part outside the scope of fulfilment of public tasks, as well as on the compatibility of material regulations of preclusion in administrative procedures with the Basic Law, especially with article 19, sub-section (4) of the Basic Law. The Court decided that a municipality is not in the position to claim the right of property as laid down in article 14, para. (1) no. 1 of the Basic Law, even if it becomes active outside the scope of fulfilment of public tasks. (CB) [de

An extraordinary decision. The Muelheim-Kaerlich order of the Federal Constitutional Court. Protection of civil rights by way of procedural law

International Nuclear Information System (INIS)

Mutius, A. von.

1984-01-01

The uthor explains the significance of the Muehlheim-Kaerlich order of the Federal Constitutional Court, of Dec. 12 1979, which represents a landmark of the recent developments in the interpretation of civil rights, which tend to put the protection of civil rights on a procedural basis. The author gives a brief account of the developments, as reflected by Federal Constittuional Court decisions, and them goes into detail on the Muelheim-Kaerlich decision, the statement of facts, the grounds of judgment, the dissenting opinion, and the reaction the decision has met with in the relevant literature. The Court's decision is evaluated in terms of law and with a view to current legal practice. It is shown that protection of civil rights by way of and through administrative procedure is kept within reasonable limits. This order of the Court has by no means revolutionized the law of administrative procedure. It rather contributed to a change of attitude, allowing cautions changes to develop towards administrative rules of procedure which more strongly aim at protecting civil rights. (orig./HSCH) [de

Manifest Destiny: The Relationship between the United States and the International Criminal Court in a Time of International Upheaval

NARCIS (Netherlands)

Sabharwal, Prashant

2012-01-01

Ever since the negotiations that culminated in the signing of the Rome Statute of the International Criminal Court ("ICC" or "the Court"), the approach taken by various Administrations in the United States has been a reflection of domestic politics and a skeptical foreign policy establishment. In

Juvenile Court Statistics - 1972.

Science.gov (United States)

Office of Youth Development (DHEW), Washington, DC.

This report is a statistical study of juvenile court cases in 1972. The data demonstrates how the court is frequently utilized in dealing with juvenile delinquency by the police as well as by other community agencies and parents. Excluded from this report are the ordinary traffic cases handled by juvenile court. The data indicate that: (1) in…

Juvenile Court Statistics, 1974.

Science.gov (United States)

Corbett, Jacqueline; Vereb, Thomas S.

This report presents information on juvenile court processing of youth in the U.S. during 1974. It is based on data gathered under the National Juvenile Court Statistical Reporting System. Findings can be summarized as follows: (1) 1,252,700 juvenile delinquency cases, excluding traffic offenses, were handled by courts in the U.S. in 1974; (2) the…

CONTEMPORARY CHALLENGES IN LATIN AMERICAN ADMINISTRATIVE JUSTICE

Directory of Open Access Journals (Sweden)

R. Perlingeiro

2016-01-01

Full Text Available This study consists of a critical comparative analysis of the administrative justice systems in eighteen Latin-American signatory countries of the American Convention on Human Rights (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, El Salvador, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic, Uruguay, and Venezuela. According to this article, the excessive litigation in Latin-American courts that has seriously hampered the effectiveness of the administrative justice systems may be explained as follows: as former Iberian colonies, the aforementioned countries have a Continental European legal culture originating in civil law but nevertheless have improperly integrated certain aspects of the unified judicial system (generalized courts typical of administrative law in common-law countries. This situation, according to the author, could be rectified through strengthening the public administrative authorities with respect to their dispute-resolution and purely executive functions by endowing them with prerogatives to act independently and impartially, oriented by the principle of legality understood in the sense of supremacy of fundamental rights, in light of the doctrine of diffuse conventionality control adopted by the InterAmerican Court of Human Rights.

Estonian Vocational Teachers' Attitudes towards Inclusive Education for Students with Special Educational Needs

Science.gov (United States)

Rose, Richard; Kaikkonen, Leena; Koiv, Kristi

2007-01-01

This paper presents the findings from research conducted with two samples of teachers from Estonian Vocational Schools. The first sample comprised a group of teachers who had received professional development directly related to the management of students with special educational needs in vocational education settings. Their attitudes and…

Does Europe need two Courts of Human Rights? On the Relationship between the Strasbourg and Luxembourg Courts

DEFF Research Database (Denmark)

Rytter, Jens Elo

2003-01-01

Den Europæiske Menneskerettighedsdomstol, European Court of Human Rights, EF-Domstolen, European Court of Justice......Den Europæiske Menneskerettighedsdomstol, European Court of Human Rights, EF-Domstolen, European Court of Justice...

Isamaalaulud ja okupatsioonirežiim – nostalgia, utoopia ja reaalsus. Estonian Patriotic Songs and the Occupational Regime – Nostalgia, Utopia and Reality

Directory of Open Access Journals (Sweden)

Kanni Labi

2012-04-01

Full Text Available Estonian knowledge of history emanates from the fact that constituting an independent nation has for the most part been nothing but a utopia, and was a reality for a relatively short time. When it comes to selfidentification though, the expression ’a singing people’ is often used by the Estonians to describe themselves. Nostalgia for freedom is reflected in the Estonian culture of almost all periods and is carried on by the singing tradition, where patriotic songs emerge independent of different musical tastes within a particular generation and form an important part of a common Estonian repertoire. Patriotic songs occupy a central place in several fields of Estonian culture: besides music culture also in popular culture,and literary history – the works of poetry which have gained the most popularity are those which when put to music have been the most widely spread among the people. The main part of the most popular Estonian patriotic songs are choral songs from the national awakening at the end of the 19th century. Despite the national programmes aiming to wipe out ‘bourgeois nationalism’, they were sung at the song festivals in the Soviet era and were published in song books, expressing the people’s nostalgia for freedom lost. After the end of the Second World War, there was an attempt at launching a kind of patriotic new creation, where patriotism was merged with Soviet pathos; the aim was to show that the people’s utopia was in fact communism, but not a single one of those songs made it into the people’s common repertoire. Only the patriotic songs composed in the 1980s during the so-called new national awakening reached a popularity comparable to that of the old songs. The discourse on ’Estonianness’ and the shaping of a matching repertoire under imperial Russian rule took place under very different circumstances than its preservation and development in the second half of the 20th century under Soviet occupation, but

29 CFR 1980.114 - District Court jurisdiction of discrimination complaints.

Science.gov (United States)

2010-07-01

... complainant may bring an action at law or equity for de novo review in the appropriate district court of the... COMPLAINTS UNDER SECTION 806 OF THE CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY ACT OF 2002, TITLE VIII OF... the administrative law judge or the Board, depending upon where the proceeding is pending, a notice of...

The Swiss Federal Supreme Court: A Constitutional Assessment of Control and Management Mechanisms

Directory of Open Access Journals (Sweden)

Andreas Lienhard

2008-10-01

Full Text Available Even the highest courts are under pressure to perform effectively and efficiently. In some instances, the pressure comes from supervisory and elected authorities, such as parliaments, which demand information regarding judicial output. In Switzerland a decision has been made by the Parliament to apply “steering instruments”, which were introduced as part of general administrative reforms. These procedures also include mechanisms for “controlling” 2 judicial activity. In this article, we examine reforms relating to the Swiss Federal Supreme Court , and the compatibility of those reforms with separation of powers principles.

Federal Constitutional Court (Committee on Preliminary Proceedings). Decision of October 5, 1982 (Stade)

International Nuclear Information System (INIS)

Anon.

1983-01-01

With its decision of October 5, 1982, the Committee on Preliminary Proceedings of the Federal Constitutional Court dismissed the challenge of the constitutionality of the 7th part-construction permit for Stade nuclear power plant (Lower Saxony) on the grounds that it will most likely be unsuccessful. The decision includes a statement concerning the right of appeal against operating licences under the Atomic Energy Act, as well as the limits set by the Constitution with regard to the requirements to be met by appeals against administrative court decisions. (HP) [de

The Federal Administrative Court confirms unlawfulness of nuclear power moratorium. Political primacy is only valid in the bounds of justice; Bundesverwaltungsgericht bestaetigt Rechtswidrigkeit des Kernkraftmoratoriums. Primat der Politik gilt nur in den Schranken des Rechts

Energy Technology Data Exchange (ETDEWEB)

Leidinger, Tobias [Gleiss-Lutz Rechtsanwaelte, Duesseldorf (Germany)

2014-03-15

With its decision on December 20{sup th}, the Federal Administrative Court (BVwerfG) came to the legally valid conclusion that after the Fukushima nuclear power plant accident, the supervision court order related to the law on nuclear installation by the Hessian Ministry for the Environment, in order to stop operating nuclear power plants Biblis A and B for 3 months or rather not to put in operation again, was unlawful (BVwerfG 7 B 18.13 und 7 B 19.13). Beforehand, the Hessian Administrative Court (Hess. VGH) had already pronounced its judgement on February 27{sup th} 2013. The supervising orders were part of the so-called nuclear power moratorium. They were issued after the resolution of the federal government, at demand of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) towards their nearby countries, and were identically executed by the supervisory authority of the other site-countries. Besides Biblis in Hesse, nuclear power plants in Neckarwestheim I and Philippsburg 1, Baden-Wurttemberg, Isar 1 in Bavaria, Unterweser in Lower Saxony, as well as Brunsbuettel in Schleswig-Holstein, were affected. However only RWE took legal action and was now affirmed - after the Hessian VGH verdict- by the highest German administrative court: The nuclear power moratorium - the first step to withdrawal of nuclear power in Germany - was unlawful. The decision taken by the BVerwG - as well as the one by the Hessian VGH - indicates a juridical clear and precise argumentation. The partially polemic and unobjective critic, which the VHG-verdict experienced, did not disguise, just as little as the political conflict concerning the withdrawal from nuclear energy, the view of federal judges, regarding the decision-relevant questions nor did they influence their reply. The political primacy finds its limits in the bounds of justice. Existing rights do not become thus a paper waste because there is a fundamental decision. This takes effectiveness for

Consequences of the Federal Administrative Court decisions about the Biblis on-site interim store and the 'Biblis condition' as seen by the Nuclear Regulatory Authority of the State of Baden-Wuerttemberg; Folgerungen aus den Urteilen des Bundesverwaltungsgerichts zum Standortzwischenlager Biblis und zur 'Biblis-Auflage' aus der Sicht der Atomaufsichtsbehoerde des Landes Baden-Wuerttemberg

Energy Technology Data Exchange (ETDEWEB)

Rauscher, Dieter [Umweltministerium Baden-Wuerttemberg, Stuttgart (Germany)

2009-03-15

On March 17, 2005, the Baden-Wuerttemberg State Ministry of Economics, following instructions by the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU), imposed an ex-post-facto condition on the licensee of the Philippsburg Units 1 and 2 nuclear power station. Its content can be summed up as follows: In case of deviations from criteria specified in the license which are relevant to accident management, the plant must be shut down. In case of suspicion that, for whatever reason, accident management could be doubtful, accident management must be demonstrated to function; failing this, the plant must be shut down. In a decision of February 26, 2007, the Baden-Wuerttemberg State Court of Administration set this condition aside. The Federal Administrative Court, in its ruling of April 10, 2008, essentially confirmed the decision of the court of first instance. Both decisions are analyzed. Licensees and public authorities are shown the general framework of administrative law within which their relations are regulated. Another subject covered is jurisdiction about provisions against damage in connection with the ruling of the Federal Administrative Court of April 10, 2008 in the matter of the Brunsbuettel interim store. The court comments on the question of provision against damage in the area of protection, develops the dogma from scratch again as to the borderlines separating provisions against damage from residual risk and, within this framework, addresses the problem of third-party action against execution, especially so with respect to protection. The question of possible repercussions upon practice is discussed also for this court ruling. (orig.)

Corresponding control of the administration - procedural development and deadlocks

International Nuclear Information System (INIS)

Breuer, R.

1980-01-01

The author proceeds from a decision of the Higher Administrative Court of Lueneburg of February 2, 1979 which limits the execution of a partial construction permit for a nuclear power plant to the extent that 'the approved plant components may and will only be used under certain conditions'. He critically reflects on the development of administrative legal protection. In principle, corresponding control of the administration leads to a latent change in the function of appeals aiming at cassation. As a rule, this is not against the law, since sect. 80 of the VwGO acknowledges 'individual interim regulations'. In this case it is a condition of a cancelling nature. The discussion of acknowledged and problematic cases of judicial decisions made under certain conditions is followed by the explanation that the Higher Administrative Court of Lueneburg has delegated the decision which is incumbent upon the Court to the Commission on Reactor Safety. Such a delegation of jurisdiction is contradictory to the constitutional postulate of Art. 19/IV and 91 of the Basic Law. (HSCH) [de

THE ADMINISTRATIVE JUSTICE IN SPAIN: CURRENT SITUATION AND CHALLENGES

Directory of Open Access Journals (Sweden)

R.J. Sánchez

2016-01-01

Full Text Available Since the Spanish Constitution of 1978 there has been a full and effective administrative justice. The citizens have the possibility to request a judicial review of decisions taken by the public Administrations, while being either the owners of a subjective right or of a legitimate interest. The interim judicial protection is not limited to the suppression of the act or general provision and the Courts are invested with direct powers to enforce their sentences. However, different problematic issues about the inactivity of the public Administrations and the enforcement of sentences are the new challenges to ensure the administrative justice. To this it must be added that there are problems regarding the inefficient work of Courts.

AIDS: Administrative Decisions and Constitutional Rights.

Science.gov (United States)

Greenlaw, Paul S.; Kohl, John P.

1993-01-01

Review of case law in educational administration, hospitals, correctional institutions, and the military shows that, when risk of AIDS transmission is high, courts will support public sector administrators' decisions. Low risk means such decisions as mandatory blood testing will usually be struck down. (SK)

Section 15 of the act governing the right of assembly (VersG); section 80, sub-section 5, 6 of the Administrative Court Rules (ban of demonstrations, stay of proceedings; right to appeal)

International Nuclear Information System (INIS)

Anon.

1981-01-01

1. On the conditions governing a ban on demonstrations covering large areas (Brokdorf). 2. On the right of appeal against a decision by means of which the suspensive effect of the objection raised against a ban on demonstrations has been restored. (Unofficial guidelines) - Lueneburg Higher Administrative Court, decision of February 28, 1981. - 12 OVG B 26/81 -. (orig.) [de

Mutational analysis of COL1A1 and COL1A2 genes among Estonian osteogenesis imperfecta patients.

Science.gov (United States)

Zhytnik, Lidiia; Maasalu, Katre; Reimann, Ene; Prans, Ele; Kõks, Sulev; Märtson, Aare

2017-08-15

Osteogenesis imperfecta (OI) is a rare bone disorder. In 90% of cases, OI is caused by mutations in the COL1A1/2 genes, which code procollagen α1 and α2 chains. The main aim of the current research was to identify the mutational spectrum of COL1A1/2 genes in Estonian patients. The small population size of Estonia provides a unique chance to explore the collagen I mutational profile of 100% of OI families in the country. We performed mutational analysis of peripheral blood gDNA of 30 unrelated Estonian OI patients using Sanger sequencing of COL1A1 and COL1A2 genes, including all intron-exon junctions and 5'UTR and 3'UTR regions, to identify causative OI mutations. We identified COL1A1/2 mutations in 86.67% of patients (26/30). 76.92% of discovered mutations were located in the COL1A1 (n = 20) and 23.08% in the COL1A2 (n = 6) gene. Half of the COL1A1/2 mutations appeared to be novel. The percentage of quantitative COL1A1/2 mutations was 69.23%. Glycine substitution with serine was the most prevalent among missense mutations. All qualitative mutations were situated in the chain domain of pro-α1/2 chains. Our study shows that among the Estonian OI population, the range of collagen I mutations is quite high, which agrees with other described OI cohorts of Northern Europe. The Estonian OI cohort differs due to the high number of quantitative variants and simple missense variants, which are mostly Gly to Ser substitutions and do not extend the chain domain of COL1A1/2 products.

Radon in Estonian buildings. Establishment of a measurement system and obtained results

International Nuclear Information System (INIS)

Pahapill, L.; Rulkov, A.; Swedjemark, G.A.

1996-12-01

One purpose of this project was the establishment of a radon monitoring programme inside the state environmental monitoring programme. Another purpose was to investigate regions, expected to have high radon levels indoors. A new method for the long-term measurement of indoor radon was established and the staff for these measurements was trained. The results of the measurement can be used by Estonian decision-makers to work out rules and standards. There is no legislative act in the field of radiation in Estonian at this time. To summarize the results of the measurements we can say that indoor radon concentrations vary by region. The radon investigations must be continued to identify the risk areas and types of housing construction. The results of the state radon monitoring are provided to the municipalities, who advice the owners of planned new houses to select the right construction for the house. A new project will follow with an investigation of radon in randomly selected dwellings, training and equipment for radon measurement in soil, and general advice with regard to radon, as well as assistance in preparing information about radon. 7 refs, 5 figs

Attorney Argumentation and Supreme Court Opinions.

Science.gov (United States)

Benoit, William L.

1989-01-01

Investigates the relationship between argumentation advanced by attorneys in four Supreme Court cases and the reasoning proffered by the Court in its decisions in those cases. Finds attorney argumentation sometimes irrelevant to the Court's reasoning and sometimes adopted by the Court. Offers a perspective on argumentation and decision making to…

The Perceived Impact of External Evaluation: The System, Organisation and Individual Levels-Estonian Case

Science.gov (United States)

Seema, Riin; Udam, Maiki; Mattisen, Heli; Lauri, Liia

2017-01-01

The purpose of this article is to provide an overview of how the employees of higher education institutions perceive the impact of external evaluations. The study was conducted using the concurrent mixed method and involved 361 employees from Estonian universities and professional higher education institutions. The results indicated that…

Assessment of the Estonian Research Development Technology and Innovation Funding System

OpenAIRE

Nedeva, Maria; Georghiou, Luke

2003-01-01

The objectives of the assessment of the RDTI funding system in Estonia as specified by the Terms of Reference are as follows: 1) to conduct a review of the current R&D funding system in Estonia; 2) to review the objectives of the Estonian R&D Strategy 2002-2006; 3) to review best practice in R&D funding elsewhere; and 4) to propose an efficient, transparent and accountable R&D funding system.

Gender Advantages and Gender Normality in the Views of Estonian Secondary School Students

Science.gov (United States)

Kuurme, Tiiu; Kasemaa, Gertrud

2015-01-01

The aim of the study on Estonian secondary school students was to obtain an overview of the gender-related views and experiences of the everyday school life by students, and to analyse the school-related factors in the development of gender roles and gender-related expectations. We view gender equality as a central condition for social…

25 CFR 11.912 - Contempt of court.

Science.gov (United States)

2010-04-01

... OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.912 Contempt of court. Any willful disobedience or interference with any order of the children's court constitutes contempt of court which may be punished in accordance...

Re-conceptualizing mother tongue tuition of Estonian abroad as a transnational phenomenon

Directory of Open Access Journals (Sweden)

Maarja Siiner

2017-05-01

Full Text Available The governmental initiative called the Compatriots Programme, which supports language tuition in Estonian schools and societies abroad, reveals an increased interest in developing intergenerational language transmission in the growing Estonian diaspora. This transnational language political activity signals a new era in language policy, where nation states are increasingly decentralized by migration. The evaluation of the program furthermore reveals that organizing such schools requires a willingness to take language political agency, typically conducted by well-educated and well-integrated resourceful transnational multilingual parents. The present article outlines the results of an ethnographic study of the process of establishing the Estonian School in Copenhagen. This step has demanded a change in the mindset still prevailing in Estonia that language political activities, such as planning language acquisition, are solely the responsibility of the state. Since the prevailing language ideology in Denmark is not favorable towards multilingualism in migrant languages, intergenerational language transmission furthermore presupposes a feeling of ownership of the language and high language self-esteem. "Hargmaise keelepoliitika sünd. Eesti keeleõppe korraldamise võimalikkusest välismaal Taani näitel" Hargmaisus, kasvav väljarändajate arv ja sellega ka eesti keele rääkijate hulk välismaal on jätnud oma jälje eesti keelepoliitikale. Kui varem uuriti peamiselt seda, kuidas eesti keel muukeelses kontekstis muutub, siis viimasel kümnendil on riik asunud aktiivselt toetama eesti keele jätkuvat kasutamist välismaal, rahastades rahvuskaaslaste programmi abil haridusprogramme. Kuid millised faktorid määravad selle, kas uus eestlaste põlvkond oskab ja tahab eesti keelt rääkida? Artikkel hindab etnograafilises ja sotsiolingvistilises võtmes Kopenhaagenis kolm aastat tegutsenud Eesti Kooli ja Lasteklubi näitel, millised on keelekasutust

25 CFR 11.908 - Court records.

Science.gov (United States)

2010-04-01

... INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.908 Court records. (a) A record of all hearings under §§ 11.900-11.1114 of this part shall be made and preserved. (b) All children's court records shall be confidential and shall not be...

NOTES ON ADMINISTRATIVE LAW: THE AMERICAN ...

African Journals Online (AJOL)

eliasn

The US does not have courts specializing in administrative law disputes. Ordinary ... The US Constitution is supreme in relation to any other law. Because of ..... administrative law, social and economic progress promoted by legislation was opposed ... Atiyah, P. S. & Summers, Robert S. (1987), Form and substance in Anglo.

Seltsi muuseumist riigi keskmuuseumiks: ikka ajutiste lahendustega / Changes in the Estonian National Museum from 1909 to the present.

Directory of Open Access Journals (Sweden)

Krista Aru

2011-01-01

Full Text Available Changes in the Estonian National Museum from 1909 to the presentThe Estonian National Museum was founded in Tartu in 1909 as part of the national movement. With its activities and connections in society, the ENM helped create Estonian society, the nation’s collective memory and identity.The ENM has always been – despite the changing locations, names, and content – one of the symbols of national identity. But at the same time, ENM has never had its own building designed specially for the museum’s purposes.Since 1909 there have been several attempts to establish a home for the ENM. At first (1909–1923, Estonian society wanted to establish the museum in the center of Tartu. The museum was intended to become a key institution of the growing nation and establishing the nation’s identity.At last in 1923 the ENM secured the Raadi manor, outside the center of the city, in a beautiful park, near the lake with its boats and water attractions. In this manor the first permanent exhibition of mainly 19th century Estonian peasant life was compiled, and the ENM operated in the Raadi manor from 1923–1940 as the “Estonian’s own museum” The years of alternating occupations, World War II, and political terror damaged and destroyed the whole society. The Raadi manor was destroyed in the war too, and the ENM itself was divided into two parts – the State Ethnographic Museum and the State Literary Museum. The collections of the ENM were given to Tallinn and to many different places inside and outside Tartu. Then began “the period of temporary location” that continues today. The museum is located in several places in the city of Tartu.In 1988, the prior name of the State Ethnographic Museum – the Estonian National Museum – was reinstated. Since the 1990s there have been many attempts to secure a special building for the ENM. Now, at last, as a result of serious economic pressure, we are closer to this goal than ever. During the last five

An Ever More Powerful Court?

DEFF Research Database (Denmark)

Martinsen, Dorte Sindbjerg

on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case......Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU......) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view...

The Special Court for Sierra Leone

DEFF Research Database (Denmark)

Damgaard, Ciara Therése

2004-01-01

The focus of this article is the Special Court for Sierra Leone and the extent to which it can be said that the Special Court has already challenged, or will, in the future, challenge the tradition of impunity for gender-based crimes. In this regard, an analysis is undertaken of the Special Court......'s Statute, Rules of Procedure and Evidence and practice to date, in order to determine its treatment of gender-based crimes and whether it can be said that the Special Court for Sierra Leone challenges the tradition of impunity for gender-based crimes. Udgivelsesdato: december 2004...

Should the District Courts Have Jurisdiction Over Pre-Award Contract Claims? A Claim for the Claims Court

National Research Council Canada - National Science Library

Short, John J

1987-01-01

This thesis briefly examines the jurisdiction of the federal district courts and the United States Court of Claims over pre-award contract claims before the Federal Courts Improvement Act of October 1...

The Control of the Legality of Administrative Activity through the Court of Justice of the European Union

Directory of Open Access Journals (Sweden)

Goga Gina Livioara

2010-06-01

Full Text Available According to the law of the European Union, in case one of the institutions of the Union or an organ, office or agency belonging to the Union refrains from making a decision, the member states and theother institutions of the Union are entitled to make a notification to the Court of Justice of the European Union. The Court has the competence to verify the legality of the legislative acts of the institutions, offices, organs or agencies of the Union that are meant to produce judicial effects towards third parties and iscompetent to pronounce itself, by preliminary decision regarding the interpretation of the treaties, namely the validity and interpretation of acts adopted by the institutions, offices, organs or agencies of the Union. Also, according to the primary treaties, any legal issues related to the non- fulfillment of the treaty’s provisions, non compliance with the community legislation, not executing the decisions of the Court of Justice or non compliance with the terms of an agreement between the EU and a third state, as well as the legal aspects related to the application of penalties based on the regulations of the EU, contractual and extra contractualliability are subordinated to the control of the Unions’ judicial instance.

Vene kirjandus venestusaja eesti koolides. Russian Literature in the Estonian Schools of the Russification Era

Directory of Open Access Journals (Sweden)

Ülle Pärli

2012-04-01

Full Text Available This article aims to give an overview of literary instruction in schools of the russification era at the beginning of the 20th century in Estonia; this was likewise the curriculum of literary study offered to the generation of educated youth which included the Young Estonians. Based on official documents, archival materials, and memoirs, and through analyses of anthologies, literary histories, and teaching methods in use at the time, we attempt to reconstruct the outlines of literary reading and requirements for students in various types of schools. When, as a result of school reform, Russian became the language of instruction; lessons in Russian became central in the curriculum, alongside the word of God; selections from Russian literature were read in the original language. In the lower grades, teaching was by the so-called ”natural method”, intended to guarantee swift achievement of fluency in ”living Russian language”; this was later replaced by systematic textual analysis, which distinguished between belles lettres and other types of texts. However, the study of literature was always subordinated to the goals of language instruction. In institutions of secondary education, study of Russian literature was separate from language instruction. Indeed, Russian literature was the only literature systematically studied in high schools (though one must keep in mind that not all schools completely followed the official program. Private schools were especially noticeable for their greater freedom, though all of them had to take general curriculum directives into account. Reading of literary texts connected with other languages thus had to remain almost purely illustrative. In view of the above, in the upper grades of elementary school and high school, students obtained a thorough introduction to the Russian classics. According to the official school curriculum, Russian literary history ended with Nikolai Gogol. Attempts were made to ignore

[Encapsulated voices : Estonian sound recordings from the German prisoner-of-war camps in 1916-1918] / Tõnu Tannberg

Index Scriptorium Estoniae

Tannberg, Tõnu, 1961-

2013-01-01

Arvustus: Encapsulated voices : Estonian sound recordings from the German prisoner-of-war camps in 1916-1918 (Das Baltikum in Geschichte und Gegenwart, 5). Hrsg. von Jaan Ross. Böhlau Verlag. Köln, Weimar und Wien 2012

On certain aspects of the need and possibility for the administrative-territorial reform in Estonia

Directory of Open Access Journals (Sweden)

Matti Raudjärv

2014-01-01

Full Text Available The paper treats important problems of regional and local government policy, such as the possibility of and need for the administrative-territorial reform, including merging of municipalities and definition of mutual relationships between the state and local governments and their functions. The need for sustainable and strong municipalities has been emphasised also on the level of the European Union already several years ago. Possible mergers of Estonian county centres with their surrounding rural municipalities, also the possibility for having several centres of attraction in a county are discussed. Statistics on demographic changes in the Estonian population, concentration of the population above all to larger cities, and decrease in rural population are presented. Also statistics, for instance, on changes in the number of pupils in counties are presented. A few suggestions are made for the further development of the regional and local government policy, including based on the considerably more radical activities in Finland in this field.

Estonian Perceptions of Security: Not Only About Russia and the Refugees

OpenAIRE

Veebel Viljar; Ploom Illimar

2016-01-01

The current study focuses on the Estonian perceptions of security and on the defence situation both globally and locally. The dynamic results of the public opinion surveys on security risks conducted in Estonia over the last 10 years (2006-2016) will be presented. In addition, to understand whether some of the security risks could be over- or underestimated in Estonia, these results will be compared with the views expressed recently by the World Economic Forum, particularly the Global Risks R...

The International Criminal Court

DEFF Research Database (Denmark)

Damgaard, Ciara Therése

This article considers whether acts of international terrorism can and should be prosecuted before the International Criminal Court as crimes against humanity.......This article considers whether acts of international terrorism can and should be prosecuted before the International Criminal Court as crimes against humanity....

How to Improve the Supportive Role of Estonian Innovation System toward Launching New Products by High Technology Companies?

Directory of Open Access Journals (Sweden)

Liisi Sepp

2013-01-01

Full Text Available The purpose of the study is to evaluate how supportive is Estonian national innovation system toward the launching of new innovative products by high technology firms. The article intends to combine two broad areas of research – national innovation system approach and the different models of the new product launching. Based on the literature review and in-depth analysis of three case studies of Estonian high-tech company’s major barriers as well success factors of highly innovative product launches were identified. The barriers of the new product launching were linked with the systemic failures of the national innovation system. The most relevant failures of Estonian national innovation system inhibiting the new product development are capability and networking failures. The sources of innovation of high-technology firms are too narrow, linkages with domestic firms and higher education institutions as well with foreign firms are poorly developed. High-tech firms have also serious capacity problems due to the extremely weak support mechanism by national innovation system on the seed funding stage of product development and prototype building stage as well. Paper argues that resources needed for the innovation should not be looked too narrowly following linear innovation model approach. Instead interactive approach is needed, which combines capability building, network development, interactive learning with direct investments into fundamental research.

Tõlkepärl eesti ilukirjanduse algusaegadest – esimene eestikeelne robinsonaad / A Translation Gem from the Beginnings of Estonian Literature - the First Robinsonade

Directory of Open Access Journals (Sweden)

Ave Mattheus

2015-06-01

Full Text Available Teesid: Artiklis uuritakse Eesti Kirjandusmuuseumis asuvat mahukat, ligi 800 lk tõlkekäsikirja „Norem Robinson“, mida võib pidada esimeseks eesti kirjanduse täiemahuliseks robinsonaadiks. Selle valmistas Pärnu koolmeister Heinrich Gottlieb Lorenzsonn saksa pedagoogi ja koolikirjaniku Joachim Heinrich Campe menukast noorsooromaanist „Robinson der Jüngere“ (1779–1780. Tõlge valmis 1822.–1823. aastal, kuid jõudis trükki alles 1842. aastal tugevasti kärbitud ja mugandatud kujul. Toetudes deskriptiivse tõlkeuurimuse analüüsikategooriatele, vaadeldakse artiklis, millised tegurid tõlkeprotsessi suunasid ja milline oli kultuuriruum, kuhu tõlge omal ajal paigutus. SU M M A R Y This article discusses a voluminous manuscript translation of almost 800 pages entitled Norem Robinson (Engl. Robinson the Younger, from the collections of the Estonian Literary Museum. This manuscript can be considered as the first complete Robinsonade in Estonian literature. Its author is a schoolteacher from Pärnu, Heinrich Gottlieb Lorenzsonn (1803–1847, who translated it from the youth novel Robinson der Jüngere(1779–1780, Engl. Robinson the Younger, a bestseller by the educator, writer and a major representative of German Enlightenment, Heinrich Joachim Campe. Lorenzsonn’s translation was completed in 1822–1823, but not printed until 1842 in a strongly adapted version titled Norema Robinsoni ello ja juhtumised ühhe tühja sare peäl (Engl. The Life and Adventures of Robinson the Younger on a deserted island. The print version of the Robinsonade lacks a pedagogical frame story, where the father tells children about the adventures of Robinson and takes the opportunity to discuss and imitate with children all the actions taken by Robinson the Younger. Due to this and other extirpated parts, the possible target audience was enlarged – besides children and youth, the text was now addressed to adults as well. In accordance with the

49 CFR 577.6 - Notification pursuant to Administrator's decision.

Science.gov (United States)

2010-10-01

... making his decision. (6) A clear description of the Administrator' stated evaluation as provided in his..., of the purchase price; and (C) A statement that, if the Court upholds the Administrator's decision... 49 Transportation 7 2010-10-01 2010-10-01 false Notification pursuant to Administrator's decision...

Short outlines of books by Estonian authors : [annotations] / Rutt Hinrikus, Janika Kronberg

Index Scriptorium Estoniae

Hinrikus, Rutt, 1946-

1998-01-01

Laretei, Käbi. Eksiil; Toona, Elin. Lotukata; Park, Eeva. Naeru õpilane; Luik, Viivi. Inimese kapike; Laaman, Ilona. Vesi ahjus; Viiding, Juhan (Üdi, Jüri). Kogutud luuletused; Paju, Juhan. Katkenud romaan; Paju, Juhan. Hõõguv rist; Estonian short stories / toim. Kajar Pruul ja Darlene Reddaway; Traat, Mats. Kartaago kiirrong; Kauksi Ülle. Säng; Kross, Jaan. Paigallend; Puhvel, Madli. Symbol of dawn; Kaplinski, Jaan. Võimaluste võimalikkus; Kaplinski, Jaan. Usk on uskmatus

Jurisdiction of courts with a focus on the Special Chamber of the Supreme Court of Kosovo

Directory of Open Access Journals (Sweden)

Mr.Sc. Sabri Halili

2013-06-01

Full Text Available The legal solution offered by the Law establishing the Special Chamber of the Supreme Court of Kosovo is rather challenging for practical implementation. Due to this fact, the decisions of the Special Chamber contain various dilemmas of judges on the jurisdiction of the Chamber on the matters related to natural persons sued by the PAK, which are related to various liabilities of these persons to socially-owned enterprises, namely to the PAK. Since the PAK administers and represents socially owned property in general, it is naturally bound to seek for legal resolutions for all legal contests before a competent court. Naturally, the PAK would seek for such a solution before the Special Chamber of the Supreme Court of Kosovo on PAK-related matters, which is already bound by the title itself, “on PAK-related matters”. Comparisons of remedies by various laws related to subject competence are based on legal literature used in higher education in Kosovo. Analysis of subject competences of regular and special courts is two-fold: the Commercial Court and the Military Court, while the competence of the Special Chamber is only analysed in relation with the Law on Courts, and the Law on the Special Chamber of the Supreme Court, comparing it with the Law on Contested Procedure and the Law on the PAK. The Special Chamber has before and still continues to avoid jurisdiction of this Court, which is sanctioned by Articles 4 and 5 of the Law on the Special Chamber, due to the fact that in cases in which the PAK has sued a natural or legal person, due to debts, occupation of socially owned property, or any other disputed matter, which is directly related to socially owned properties, the Special Chamber proclaims itself incompetent, and transfers the case to regular courts, although the Special Chamber adjudicates “on PAK-related matters”, but in this case only when the PAK is respondent, not when it is claimant.

Genetics in the courts

Energy Technology Data Exchange (ETDEWEB)

Coyle, Heather; Drell, Dan

2000-12-01

Various: (1)TriState 2000 Genetics in the Courts (2) Growing impact of the new genetics on the courts (3)Human testing (4) Legal analysis - in re G.C. (5) Legal analysis - GM ''peanots'', and (6) Legal analysis for State vs Miller

Complex administrative procedures between administrative efficiency and the obligation to protect individual rights

International Nuclear Information System (INIS)

Steinberg, R.

1982-01-01

Due to their structural premise, administrative procedures possess an inordinate amount of influence, especially in complex situations of judicial decision making, to arrive at the ''right decision'' during the passing of binding regulatory ordinances. Since their system of organization is primarily subject to legislative influence, they are governed by the rules of administrative efficiency in the sense of extensive usage of performance - oriented governmental effectuation of constitutional rights. The demands for adequate judicial protection, of which wide administrative court procedure controls are part, will also serve the goal of reaching the ''right administrative decisions.'' (orig.) [de

Atypical Rulings of the Indonesian Constitutional Court

Directory of Open Access Journals (Sweden)

Bisariyadi

2016-08-01

Full Text Available In deciding judicial review cases, the Court may issue rulings that is not in accordance to what is stipulated in the Constitutional Court Law (Law Number 8 Year 2011. Atypical rulings means that the court may reconstruct a provision, delay the legislation/rulings enactment or give instruction to lawmakers. In addition, the court also introduce the “conditionally (unconstitutional” concept. This essay attempts to identify and classify these atypical rulings, including conditionally (un constitutional rulings, by examined the constitutional court judicial review rulings from 2003 to 2015. This study will provide a ground work for advance research on typical rulings by the Indonesian constitutional court.

Public Interest Litigation in the Netherlands
A Multidimensional Take on the Promotion of Environmental Interests by Private Parties through the Courts

Directory of Open Access Journals (Sweden)

Berthy van den Broek

2014-07-01

Full Text Available In the Netherlands, the administrative law system is traditionally seen as best suited for dealing with public interest-related lawsuits. Especially in the field of environmental law, NGOs seeking to promote broader environmental interests regularly initiate judicial procedures before administrative courts in order to challenge land-use plans, environmental permits and other types of public orders that may have adverse impacts on local natural habitats and/or the environment more generally. However, over the past five years a number of developments have resulted in a more restricted access to administrative courts for environmental NGOs. It has been suggested that these developments may result in an increased reliance on public interest-related procedures before civil courts. This raises the question of what position public interest-related claims, like those against Shell for oil pollution in the Niger Delta and those against the Dutch government for its alleged failure to implement adequate climate change policies, currently have within the Dutch system of civil procedure. It also raises the question whether environmental NGOs in practice do have the broad access to Dutch courts that is required by international obligations, and whether room for improvement should perhaps be sought in the civil law domain.

Explaining African Participation in International Courts

DEFF Research Database (Denmark)

Gissel, Line Engbo; Brett, Peter

2018-01-01

constructivist and liberal institutionalist International Relations theories. International court creation did not reflect the pursuit of national interests or a response to normative NGO pressures. Making this argument, the article analyses the design and ratification of two new international courts: the SADC...... Tribunal and International Criminal Court. Using the case studies of Zimbabwe and Kenya, it shows how global scripts were repeated by even those states which have, in recent years, most vocally asserted their national interests against these courts....

Theoretical and Practical Aspects Regarding the Unlawfulness Plea of the Administrative Acts in the Municipal Law and Community Law

Directory of Open Access Journals (Sweden)

Doina Udrescu

2009-06-01

Full Text Available With respect to the Administrative Law no. 554/2004, as amended by Law no. 262/2007, the legalestablishment of the unlawfulness plea renders the specialized administrative courts the full jurisdiction onthe control of the administrative act legality. The unlawfulness plea is generally applied and it can be invokedin any civil, criminal or commercial case is the exclusive task of the administrative court.

Internal procedures, Trojan horses, and the right to deduct input VAT. Remarks concerning the judgment of the Supreme Administrative Court of 25 July 2017 (I FSK 1798/15

Directory of Open Access Journals (Sweden)

Krzysztof Lasiński-Sulecki

2018-03-01

Full Text Available According to the Supreme Administrative Court, Art. 86(1, Art. 88(3a and Art. 99(12 of the Goods and Services Tax Act are to be interpreted as meaning that the introduction by the taxpayer of procedures for verifying suppliers and recipients of goods or services does not constitute good faith and, consequently, does not allow the right to deduct input tax on the basis of invoices which do not reflect actual economic events, if those procedures have not been followed in a transaction with a particular supplier or recipient.

Trial Courts in the Judicial Process.

Science.gov (United States)

McKnight, R. Neal

1981-01-01

Describes a college course which examines the organizational and behavioral characteristics of trial courts in the American judicial process. A major course objective is to help students understand the trial court process as a political process by showing how trial court organizations are involved in the allocation of social values. (RM)

The Court in the Homeric Epos

Science.gov (United States)

Loginov, Alexandr

2016-01-01

The research investigates the court system in Homeric Greece. This period was characterized by a declining culture and scarce works that described those times. Hence, the court procedures of those times remains understudied; therefore, the purpose of this research is to reconstruct theoretically the court procedure in Homeric Greece. Homer's and…

The dominance of indirect taxes in Estonian state budget. Summary:Kaudsete maksude dominant Eesti riigieelarve tuludes

Directory of Open Access Journals (Sweden)

Olev Raju

2013-09-01

Full Text Available Recession has sharply erected the question of tax burden and the optimal proportion of different kinds of taxes among the incomes of the budget. Indirect taxes and consumption taxes, which proportion is different according to different methodologies, dominate in Estonian state budget. The buoyancy of a tax system based on taxes of that kind is especially weak during the recession. The purpose of Estonian government’s economic policy during the highest peak of crisis was to keep the budget in balance. Instead of recovering economy the taxes were arisen and costs were reduced. The results of such a policy aren’t still clear. Difficulties concerning the incomes of budget have arisen the necessity for lifting taxes, which is possible as the tax burden is low now. But a sharp question of the optimal level of taxes is going to be raised. A formula for indirect tax optimum according to Ramsey taxes and Slutski decomposition has been proposed in the article

On the administrative law accessoriness of art. 327 of the Penal Code

International Nuclear Information System (INIS)

Dolde, K.P.

1988-01-01

The essay deals with the binding of criminal law on valid permissions given by authorities. Criminal courts are bound on the content of valid administrative acts, even when those are against the law but not invalid. By not considering administrative permissions, criminal courts ignore the binding force of official acts. They infringe the prohibition not to diverge from a valid act even when the addresse of the act knows that it is against the law. (KW) [de

The Estonian diaspora in South-West Russia in the 1920—30s: migration results

Directory of Open Access Journals (Sweden)

Stupin Yuri

2010-11-01

Full Text Available This article analyses the spatial features of the settling of Russian Estonians in the Northwest region at the “zenith” of diaspora on the basis of 1920, 1926, and 1939 censuses. The author identifies the principal settling areas and points out the geographical preconditions for the rapid decline of the diaspora.

How do the Constitutional Courts decide?

Directory of Open Access Journals (Sweden)

Pasquale Pasquino

2016-12-01

Full Text Available The purpose of this article is to explore the mode of production of judicial sentences drafted by constitutional courts in Europe. The natural object of study of the constitutional theory is the analysis of this final product of judicial creation of Law by Constitutional Courts. However, the doctrine has not given sufficient attention –from a comparative law perspective– to the mechanisms and procedures that lead to the decisions of these institutions. Thus, this document will classify the different types of decision-making processes in the courts, analyzing the stages that make up the «mode of production», from the study of the decisions of the Supreme Court of the United States, the Constitutional Council of the French Republic, The Constitutional Court of Italy and the Federal Constitutional Court of Germany. At the end of the paper, some conclusions are made about the period of the magistrates, their party affiliation, the temporary restrictions of deliberation and institutional factors such as the number of attendees or the personalization of its members.

ECHR and national constitutional courts

Directory of Open Access Journals (Sweden)

Nastić Maja

2015-01-01

Full Text Available Comprising fundamental rights and freedoms and establishing the effective control system, the European Convention on Human Rights (ECHR encroaches upon the area that is traditional reserved for constitutional law. Although built on the doctrine reserved for international treaty law, the Convention goes beyond the traditional boundaries that exist between international and constitutional law. It has gradually infiltrated into the national legal systems. Constitutional courts have had the crucial role in this process. This paper will focus on the applicability of the ECHR in proceedings before national constitutional courts. Having in mind the jurisdiction of the national constitutional court, the ECHR may be applied in two ways: first, in the process of constitutional review by national constitutional courts and, second, in the process of deciding on constitutional complaints.

The constitutional court review of judicial decisions

Directory of Open Access Journals (Sweden)

Stojanović Dragan M.

2016-01-01

Full Text Available In principle, the constitutional precepts envisage that judicial decisions are not subject to extrajudicial control. However, in the course of deciding on constitutional complaints, the Constitutional Court reviews the compliance of individual legal acts and actions of state authorities with the Constitution, including court decisions on cases involving the constitutionally guaranteed rights. Hence, in order to eliminate tension or even contradiction between the constitutional precepts, the constitutional review of judicial decisions should be considered as a special form of judicial control, regardless of the fact that the Constitutional Court is not part of the judicial structure in the strict organizational sense. Thus, unlike the cases where the Court is involved in the normative control of the applicable law, in the process of reviewing judicial decision of lower courts the constitutional judiciary acts in the capacity of a specific judicial authority. According to another possible interpretation of the aforementioned constitutional norms, the direct constitutional protection of the constitutionally guaranteed rights may only be pursued in the process of reviewing individual legal acts and actions of state authorities, but not by pursuing a judicial review of court decisions which the Constitutional Court has no jurisdiction to decide upon. Thus, the dogma of judicial independence would prevail over the dogma of direct protection of fundamental rights. The third interpretation of this relationship maintains that that judicial decisions may be subject to control but, in this specific case, the Constitutional Court may only issue an opinion (a statement rather than a binding decision which would cancel the lower court judgment. Then, it is up to the judicial authorities of the lower instance to adjust their judicial decision, which in the opinion of the Constitutional Court constitutes a violation of the constitutionally guaranteed rights

Exploring Constructivist Social Learning Practices in Aiding Russian-Speaking Teachers to Learn Estonian: An Action Research Approach

Science.gov (United States)

Kiilo, Tatjana; Kutsar, Dagmar

2012-01-01

Based on appreciative inquiry and threshold concepts from an intercultural learning perspective, the article makes insights into the constructivist social learning practice of Estonian language learning amongst Russian-speaking teachers in Estonia. The application of educational action research methodology, more specifically that of Bridget…

25 CFR 11.705 - Removal of executor or administrator.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Removal of executor or administrator. 11.705 Section 11... OFFENSES AND LAW AND ORDER CODE Probate Proceedings § 11.705 Removal of executor or administrator. The Court of Indian Offenses may order the executor or administrator to show cause why he or she should not...

International Justice through Domestic Courts:

DEFF Research Database (Denmark)

Tang, Yi Shin

2015-01-01

In April 2010, the Brazilian Supreme Federal Court (Supremo Tribunal Federal, or STF) controversially decided to uphold the country’s amnesty law, which currently prevents prosecutions for violations of human rights committed during the military dictatorship. However, the Inter-American Court...

Reasons for omission of enforcement of an administrative judge's verdict and means of legal protection

Directory of Open Access Journals (Sweden)

Alen Rajko

2015-01-01

Full Text Available Besides general repercussions of an omission of enforcement of court decisions on the protection of the rights of the parties and on the functioning of the legal system, such an omission in the administrative dispute has additional implications, related primarily to the realization of the constitutional guarantee of judicial review of administrative decisions, the concept of separation of powers, construction of a democratic state, etc. After general considerations of the matter of enforcement of court decisions, the author analyzes the normative framework of the enforcement of judgments of the administrative courts, as well as the evolution of this framework, points out the open questions regarding mentioned regulation, as well as the means of legal protection in case of an omission of enforcement of the verdict.

Non-market value of Estonian seminatural grasslands: a contingent valuation study. Eesti poolloodusliku rohumaa turuväline väärtus: tingliku hindamise uuring

Directory of Open Access Journals (Sweden)

Helli Lepasaar

2015-12-01

Full Text Available Seminatural grasslands i.e. the floodplain meadows, seashore meadows, wooded meadows, dry meadows, wooded pastures are the very traditional part of Estonian landscapes, which play an important role in the appearance of the landscape in general and also serve as an important habitat for many plant and animal species. In order to preserve the seminatural grasslands continuous annual mowing and/or pasturing is needed. This activity is not economically profitable and needs subsidizing. The authors of the work raise a hypothesis that the Estonian seminatural grasslands could be viewed as a valuable non-market environmental good for which a significant public demand exists. In order to find out the non-market value of the seminatural grasslands a contingent valuation study was carried out among the Estonian working-age population (size of the sample 1061 individuals. The average individual willingness to pay was 11.3 euros. During the study, the authors constructed the total demand function and discovered that the total annual demand for seminatural grasslands was 17.9 million euros.

25 CFR 11.901 - The children's court established.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false The children's court established. 11.901 Section 11.901 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.901 The children's court established. When conducting...

76 FR 27991 - Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Notice of Court Decision...

Science.gov (United States)

2011-05-13

...) (``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, F.3d, Court No. 2010-1024... this administrative review with no history of a calculated margin a separate rate of 4.57 percent, \\2...

Hazelwood v. Kuhlmeier: Supreme Court Decision Does Affect College and University First Amendment Rights.

Science.gov (United States)

Luna, Andrew

1996-01-01

Addresses the First Amendment issues raised by the Hazelwood decision, which ruled that administrators serve as publishers of the student press. Recent decisions have shown that the courts will apply Hazelwood to post-secondary schools. These decisions reflect an ideology which supports the inculcation of society's values on college students. (RJM)

75 FR 41435 - Ball Bearings and Parts Thereof From Germany: Notice of Court Decision Not in Harmony With Final...

Science.gov (United States)

2010-07-16

...On July 7, 2010, the United States Court of International Trade sustained the Department of Commerce's results of redetermination on remand concerning the final results of the administrative review of the antidumping duty order on ball bearings and parts thereof from Germany. See SKF USA Inc., v. United States, Slip Op. 10-76 (CIT July 7, 2010). The Department is now issuing this notice of court decision not in harmony with the Department of Commerce's determination.

E-Filing Case Management Services in the US Federal Courts: The Next Generation: A Case Study

Directory of Open Access Journals (Sweden)

J.Michael Greenwood

2015-07-01

Full Text Available The U.S. Federal Courts Administrative Office of the U.S. Courts (AOUSC was responsible for developing the Case Management/Electronic Case File system (legacy CM/ECF originally implemented in 1996 to service the federal courts. The AOUSC is presently developing its 2nd generation service (NextGen. The IJCA carried an earlier narrative of CM/ECF’s evolution.  This second IJCA article describes the approach taken to define and develop that 2nd generation CM/ECF system. This article reviews the methodology used for determining requirements; the new software tools and hardware technologies used; and the expanded functions and enhanced services being incorporated into the new product. Also included is an exploration of the various obstacles, problems, and organizational issues which occur when transitioning from a legacy system to one that is more modern and complex.

Can Courts Make Federalism Work? A Game Theory Approach to Court-Induced Compliance and Defection in Federal Systems

Directory of Open Access Journals (Sweden)

Gemma Sala

2014-12-01

Full Text Available Few studies on federalism analyze the role of courts as safeguards of the federal arrangement, and those that do tend to be too optimistic about what courts can do. This article analyzes the effect of judicial review on the interaction between the central and a regional government in a federation in order to understand the conditions under which courts may or may not enforce compliance with federalism. It argues that politicians of either level of government anticipate the likelihood of a judicial challenge and an eventual veto, and it finds distinct equilibria in the interaction between central and regional governments (imposition, auto-limitation, negotiation and litigation. Only under auto-limitation do courts effectively prevent transgressions to the federal arrangement. In all other scenarios, defection may take place despite the presence of courts. These findings show that as the court’s jurisprudence becomes more solid and defined, the chances for governments to successfully exceed their powers increase. Not only do transgressions take place despite the presence of the court, but because of it.

The 2011 Estonian High School Language Reform in the Context of Critical Language Policy and Planning

Science.gov (United States)

Skerrett, Delaney Michael

2014-01-01

This paper seeks to situate Estonian language use and policy within the emerging field of critical language policy and planning (CLPP) by investigating the discourses that frame linguistic behaviour. This done by way of an analysis of a series of interviews carried out with key actors in language policy in Estonia. The discourses framing language…

The Challenges Organic Food Processors Meet at Small Emerging Market – Estonian Case

OpenAIRE

Sarapuu, Kerttu; Pehme, Sirli; Peetsmann, Elen; Matt, Darja

2014-01-01

Organic farming and demand for organic products is continually a growing trend all over the world (Willer et al., 2013). In Estonia the share of organic land is 15% of all agricultural land and the number of organic farmers is also growing (Vetemaa, Mikk 2013). Estonian organic food market is still in forming stage being affected by local organic farming development, marketing situation, economic situation and consumer attitudes. Organic processing has clearly not kept up with organic farming...

Nudging Domestic Judicial Reforms from Strasbourg: How the European Court of Human Rights shapes domestic judicial design

Directory of Open Access Journals (Sweden)

David Kosař

2017-03-01

Full Text Available This article discusses to what extent and how the European Court of Human Rights (ECtHR has initiated and engaged in domestic judicial reforms. It shows that the judgments of the Strasbourg Court, rather than having effects only with respect to the individual whose rights have been violated, have much deeper structural effects in the design and operation of domestic judicial systems. This article argues that this phenomenon goes rather unnoticed, but it has deep implications for both the developing and developed European democracies. To demonstrate this phenomenon, this article assesses the impact of the ECtHR on three judicial design issues. First, it illustrates how the ECtHR has challenged the role of the advocates general. Second, it explains how the ECtHR has gradually curbed the jurisdiction of military courts both over civilians and over military officers, which has brought these courts to the brink of their abolition. Finally, it outlines how the ECtHR in its judgments regarding the disciplining of judges empowers the judiciary at the expense of other political institutions within the State. Based on the analysis of these three judicial design issues, we conclude that the Strasbourg Court is affecting the internal architecture of domestic judiciaries as it gradually endorses the unification of court administration and changes the power structures within the judiciary.

The Dominance of Indirect Taxes in Estonian State Budget

Directory of Open Access Journals (Sweden)

Olev Raju

2013-01-01

Full Text Available Recession has sharply erected the question of tax burden and the optimal proportion of different kinds of taxes among the incomes of the budget. Indirect taxes and consumption taxes, which proportion is different according to different methodologies, dominate in Estonian state budget. The buoyancy of a tax system based on taxes of that kind is especially weak during the recession. Difficulties concerning the incomes of budget have arisen the necessity for lifting taxes, which is possible as the tax burden is low now. But a sharp question of the optimal level of taxes is going to be raised. A formula for indirect tax optimum according to Ramsey taxes and Slutski decomposition has been proposed in the article.

English as a Court Language in Continental Courts

NARCIS (Netherlands)

C. Kern (Cristoph)

2013-01-01

markdownabstract__Abstract__ Most recently, several countries on the European continent have admitted, or are discussing to admit, English as an optional court language. This article provides some information about the background of these recent initiatives, projects and reforms, clarifies the

Administrative Appeals in Romania and Poland - A Topical Comparative Perspective

Directory of Open Access Journals (Sweden)

Dacian C. DRAGOŞ

2012-10-01

Full Text Available The article focuses on the issue of administrative appeal and analyzes how the appeal functions in two different jurisdictions: Poland and Romania. The authors start by providing information on the nature of the administrative appeal (mandatory or not, deadlines for exercising it, suspensive effect for the action in court etc. All these aspects are examined from a comparative perspective. The aim of the comparative perspective is to highlight that currently the European national systems are fluid and continuously changing; in addition, the goal is to identify best practices that could be transferred from one system to the other. One of the key topics addressed in the context of this theme refers to the relationship that exists between the administrative appeal and the action in court. Authors try to answer the question whether the citizens’ access to justice is breached in cases when the appeal is mandatory. The authors also discuss the fact that very often a mandatory appeal can lead to a high number of cases being solved outside the courts.

Mental health and alcohol problems among Estonian cleanup workers 24 years after the Chernobyl accident.

Science.gov (United States)

Laidra, Kaia; Rahu, Kaja; Tekkel, Mare; Aluoja, Anu; Leinsalu, Mall

2015-11-01

To study the long-term mental health consequences of the 1986 Chernobyl nuclear accident among cleanup workers from Estonia. In 2010, 614 Estonian Chernobyl cleanup workers and 706 geographically and age-matched population-based controls completed a mail survey that included self-rated health, the Posttraumatic Stress Disorder Checklist (PCL), alcohol symptoms (AUDIT), and scales measuring depressive, anxiety, agoraphobia, fatigue, insomnia, and somatization symptoms. Respondents were dichotomized into high (top quartile) and low symptom groups on each measure. Logistic regression analysis detected significant differences between cleanup workers and controls on all measures even after adjustment for ethnicity, education, marital status, and employment status. The strongest difference was found for somatization, with cleanup workers being three times more likely than controls to score in the top quartile (OR = 3.28, 95% CI 2.39-4.52), whereas for alcohol problems the difference was half as large (OR = 1.52, 95% CI 1.16-1.99). Among cleanup workers, arrival at Chernobyl in 1986 (vs. later) was associated with sleep problems, somatization, and symptoms of agoraphobia. The toll of cleanup work was evident 24 years after the Chernobyl accident among Estonian cleanup workers indicating the need for focused mental health interventions.

Proficiency Assessment of Male Volleyball Teams of the 13-15-Year Age Group at Estonian Championships

Science.gov (United States)

Stamm, Meelis; Stamm, Raini; Koskel, Sade

2008-01-01

Study aim: Assessment of feasibility of using own computer software "Game" at competitions. Material and methods: The data were collected during Estonian championships in 2006 for male volleyball teams of the 13-15-years age group (n = 8). In all games, the performance of both teams was recorded in parallel with two computers. A total of…

Acknowledging Children’s Voice and Participation in Family Courts: Criteria that Guide Western Australian Court Consultants

Directory of Open Access Journals (Sweden)

Vicki Banham

2017-09-01

Full Text Available The Australian family courts introduced Child Inclusive Conferencing after the country adopted the United Nations Convention on the Rights of the Child. The legislation governing these conferences is minimalistic but the Family Court Consultants in the Family Court of Australia and the Federal Circuit Court have well-developed and documented guidelines. The Family Court of Western Australia is, however, a separate entity and in the absence of regulatory guidelines its Family Consultants developed their own process and criteria. This model is unique, in Australia at least, because it has been organically developed by the practitioners providing the Child Inclusive Conferences with very little, if any, statutory and regulatory guidance. This model therefore serves as an example of how practitioners think child inclusive services should be offered. The model is, however, not documented and the aim of this study was to understand and document Family Consultants’ decision making regarding if and when they will conduct a Child Inclusive Conference in the Family Court of Western Australia. Ten Family Consultants were interviewed using semi-structured interviews. A thematic analysis was conducted on the transcripts of the interviews identifying 12 themes. Overall the data suggested that Family Consultants take into account a range of criteria and although they were very cognisant of the importance for the child to be engaged in decision making they noted specific challenges regarding how they could use Child Inclusive Conferencing to do this. These findings provide a basis for the development of regulations that ensure that Child Inclusive Conferences are used optimally to improve the inclusion of children in the family court procedures in Western Australia and potentially elsewhere. Further research is, however, necessary before such regulations can be finalised.

Prohibition of Turning to a Worse Scenario in Judicial Activity: on the Example of Consideration of the Cases on Administrative Offenses

Directory of Open Access Journals (Sweden)

Evgenii V. Taribo

2017-12-01

Full Text Available The article explores the prohibition of turning to a worse: how it is enshrined in the legislation on administrative violations, and how it manifests its effect in judicial practice. As analysis of legislation and judicial practice shows, courts of general jurisdiction and arbitration courts differently understand and apply this prohibition. This is due to the different legislative and organizational bases on which the process of bringing to administrative responsibility is based, in which courts of general and arbitration jurisdictions are involved. The article notes that the provisions of the draft of the new Code on Administrative Offenses, developed by the State Duma of the 6th convocation, point to a possible reduction of the scope of this ban. In this regard, the author comes to the conclusion that the legislator and the courts are to decide on a conceptually unified approach to the problem of the prohibition of turning to the worst in the field of administrative responsibility

Perceived Masculinity Predicts U.S. Supreme Court Outcomes

Science.gov (United States)

2016-01-01

Previous studies suggest a significant role of language in the court room, yet none has identified a definitive correlation between vocal characteristics and court outcomes. This paper demonstrates that voice-based snap judgments based solely on the introductory sentence of lawyers arguing in front of the Supreme Court of the United States predict outcomes in the Court. In this study, participants rated the opening statement of male advocates arguing before the Supreme Court between 1998 and 2012 in terms of masculinity, attractiveness, confidence, intelligence, trustworthiness, and aggressiveness. We found significant correlation between vocal characteristics and court outcomes and the correlation is specific to perceived masculinity even when judgment of masculinity is based only on less than three seconds of exposure to a lawyer’s speech sample. Specifically, male advocates are more likely to win when they are perceived as less masculine. No other personality dimension predicts court outcomes. While this study does not aim to establish any causal connections, our findings suggest that vocal characteristics may be relevant in even as solemn a setting as the Supreme Court of the United States. PMID:27737008

Perceived Masculinity Predicts U.S. Supreme Court Outcomes.

Directory of Open Access Journals (Sweden)

Daniel Chen

Full Text Available Previous studies suggest a significant role of language in the court room, yet none has identified a definitive correlation between vocal characteristics and court outcomes. This paper demonstrates that voice-based snap judgments based solely on the introductory sentence of lawyers arguing in front of the Supreme Court of the United States predict outcomes in the Court. In this study, participants rated the opening statement of male advocates arguing before the Supreme Court between 1998 and 2012 in terms of masculinity, attractiveness, confidence, intelligence, trustworthiness, and aggressiveness. We found significant correlation between vocal characteristics and court outcomes and the correlation is specific to perceived masculinity even when judgment of masculinity is based only on less than three seconds of exposure to a lawyer's speech sample. Specifically, male advocates are more likely to win when they are perceived as less masculine. No other personality dimension predicts court outcomes. While this study does not aim to establish any causal connections, our findings suggest that vocal characteristics may be relevant in even as solemn a setting as the Supreme Court of the United States.

Clerics and courtly love in Andreas Capellanus' The Art of Courtly Love and Chaucer's Canterbury Tales

OpenAIRE

Williams, Andrew

1990-01-01

In both The Canterbury Tales and The Art of Courtly Love Geoffrey Chaucer and Andreas Capellanus deal with various aspects of courtly love. In particular, both of them focus to some degree on the question of clerical celibacy. The use of tale telling and imaginary dialogues result in a contemporary overview of the role of the cleric in courtly love, the church rules on the subject, and the opinions of the people on a subject that is ripe for exploration. My aim is to point out some of the ...

QUALIFICATION OF ADMINISTRATIVE ACTS AS NORMATIVE AND INDIVIDUAL ACTS. THEORETICAL AND PRACTICAL ISSUES

Directory of Open Access Journals (Sweden)

Cristina TITIRIŞCĂ

2018-05-01

Full Text Available The paper aims at analysing the administrative acts of a normative character and the administrative acts of an individual character, provided for in art. 2 par. (1 letter c of the Law on the administrative contentious no. 554/2004, with its subsequent amendments and completions, from three perspectives, namely from theoretical perspectives, from the perspective of the rulings pronounced in the last years by the High Court of Cassation and Justice, but also from the perspective of the case law of the Constitutional Court of Romania. The distinction seems to us all the more important as this issue was approached by the Constitutional Court of Romania, at the beginning and towards the end of the year 2017, in the context of exercising the power provided by art. 146 letter e from the Constitution of Romania, republished, a new attribution of the constitutional litigation court, introduced during the revision of the Fundamental Law from 2003, by which it acquired the role of a mediator in solving legal disputes of a constitutional nature between public authorities, legal disputes that might concern the content or the extent of their attributionsstemming from the Constitution, which meansthat they are conflicts of competence, positive or negative, and which can create institutional blockages

Unconstitutionality of Section 11 subsec. 2 BTOElt. Ruling by the Hanover Administrative Court of December 16, 1992. Az. : 7 A 2746/92 (not yet official). Verfassungswidrigkeit des Para. 11 Abs. 2 BTOElt. Verwaltungsgericht Hannover, Urteil vom 16. Dezember 1992. Az. : 7 A 2746/92 (nicht rechtskraeftig)

Energy Technology Data Exchange (ETDEWEB)

Anon,

1993-06-01

With this ruling, which is presented here in an abridged version, the Hanover Administrative Court set aside an administrative decision, based on Section 11, subsec. 2 BTO Elt, of the Minister of Economic Affairs of Niedersachsen against PreussenElektra AG. The Minister had ordered PreussenElektra, among others, to apply for permits for the rates charged to their subcontractors. (orig.)

Where Do Dead Books Go? The Problem of the Soviet Canon Today, on the Example of Johannes Becher's Work in Estonian

Directory of Open Access Journals (Sweden)

Katre Talviste

2013-06-01

Full Text Available The article describes the conception and editing process of an anthology of Johannes Becher’s poems (Unistades täiusest, 1962 in Estonian, and discusses its status in the Soviet and contemporary literary canon. The work on the Becher anthology was led by an already outstanding literary scholar Nigol Andresen and a young poet and translator Ain Kaalep, who later became one of the most prolific and wellknown poetry translators in Estonia. An important part was also played by another poet-translator, August Sang, who already had achieved such a standing in the Estonian literary field. Several other translators contributed to the anthology, making it a common project for intellectuals otherwise very differently positioned vis-à-vis the Soviet political authorities and cultural agendas. Becher’s work was strongly promoted by these instances, but his poetry was also read with genuine enthusiasm by the main contributors to the anthology (whose own poetry has certain parallels to some aspects of Becher’s, as well as the general public, at that time. After the fall of the Soviet regime it has been forgotten, mostly for the same contextual reasons that once granted its success. The case of his poetry in Estonian explores the question of this new invisibility of now politically irrelevant, but still voluminous and aesthetically intriguing literary works in the post-Soviet canon.

With or without articles? A comparison of article-like determiners in Estonian and Finnish

Directory of Open Access Journals (Sweden)

Helen Hint

2017-10-01

Full Text Available In this paper, we compare the use and functions of definite and indefinite article-like determiners in Estonian and Finnish. Our main aim is to explore whether the factors that explain the choice of particular determiner forms are similar in Estonian and Finnish. We use a picture-sequence based elicitation experiment to collect spoken narratives from adult native speakers of Estonian and Finnish, and apply non-parametric tree and forest models to analyze the data. Our findings indicate that number of mention and animacy are important predictor variables in both languages, but their exact effect is divergent. We also find that in Finnish, case of the determiner NP proves to be an important factor, while in Estonian, syntactic role of the NP explains some aspects of determiner form choice. Nevertheless, the overall usage frequency of determiners is modest in the Estonian and Finnish data, and the process of grammaticalizing articles is only in initial stages in both languages. *** Artikliga, artiklita? Eesti ja soome keele artiklilaadsete määratlejate võrdlus Siinses uurimuses analüüsime võrdlevalt artiklilaadseid definiitseid ja indefiniitseid määratlejaid eesti ja soome keeles. Eelkõige kõrvutame eesti keele definiitset määratlejat see ja soome keele definiitseid määratlejaid se ja tämä ning eesti ja soome indefiniitset määratlejat üks/yks(i. Samuti vaatleme eesti keele possessiivpronoomeni oma ning soome 3sg possessiivsufiksi (-nsa/-nsä, -Vn referentsiaalseid omadusi. Uurimuse põhieesmärgiks on selgitada, millised on peamised määratlejate kasutust mõjutavad keelelised faktorid eesti ja soome keeles ning kas need faktorid on keeliti sarnased või erinevad. Ühtlasi otsime vastust küsimusele, kas eesti ja soome keeles on põhjust rääkida määratlejate grammatisatsioonist artikliteks. Uuritav keelematerjal pärineb pildiseeria põhjal kogutud suulistest narratiividest. Uurimuses osales 20 eesti ja 20 soome keele

The use of mental health court appearances in supervision.

Science.gov (United States)

Redlich, Allison D; Steadman, Henry J; Callahan, Lisa; Robbins, Pamela Clark; Vessilinov, Roumen; Ozdoğru, Asil Ali

2010-01-01

A defining feature of mental health courts (MHCs) is the requirement that enrollees appear periodically for status review hearings before the MHC judge. Although the research base on these specialty courts is growing, MHC appearances have yet to be examined. In the present study, the authors followed more than 400 MHC clients from four courts. We examined the number of court appearances that were mandated versus attended, the number of bench warrants issued, and the proportion of court appearances that were made in-custody versus out-of-custody. Finally, we describe and report on the proportion of clients at each court who had graduated, had been terminated, or who were still in the court one year following enrollment. Copyright 2010 Elsevier Ltd. All rights reserved.

Guide to Alabama Court Procedures.

Science.gov (United States)

Alabama Administrative Office of Courts, Montgomery.

Designed to assist the public in understanding the judicial system and judicial process in Alabama, this handbook (1) presents an overview of Alabama's courts and their jurisdictions, (2) identifies the officers of the courts and the contributions each makes to the judicial process, and (3) narrates in general terms the procedures most common to…

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Science.gov (United States)

2006-09-26

Separation of Powers Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Eliminating Federal Court Jurisdiction Where There Is No State Court Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 1 542 U.S. 466 (2004). Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court In Rasul v. Bush,1 a divided Supreme Court declared that “a state

Opteren voor de Netherlands Commercial Court

NARCIS (Netherlands)

Hoeben, J.; Keirse, A.L.M.; Reijneveld, M.D.

Internationale contracten leiden tot internationale handelsgeschillen. Deze kunnen onder meer worden beslecht bij een commercial court. In Nederland wordt momenteel een Netherlands Commercial Court (NCC) opgericht. Dit introduceert een keuze voor (contracts)partijen voor een nieuw forum voor

Past and Future for Management of Courts

Directory of Open Access Journals (Sweden)

Bert Maan

2009-08-01

Full Text Available This article is written from the perspective of a court president in The Netherlands, a so called civil law country. In theory, in a civil law country, judges and lawyers in civil and commercial cases base their actions on the application of the law and its interpretation. Moreover, in criminal matters, the courts use inquisitorial procedures which differ from the adversarial procedures used in common law countries. The field of court management is not highly developed because of the tension between the need for judicial independence and judicial organization. There are many examples of this tension, including the fact that courts may be subject to budgetary limits which themselves may intrude upon judicial independence. For instance, suppose that a judge believes it necessary to appoint an expert to answer a certain scientific question, but the expert is expensive and budgetary considerations preclude the appointment. When I was involved in the process of the budgets of prosecutors’ offices and courts, this question frequently arose. In an effort to deal with this problem, part of the courts’ budgets were treated as open-ended even though courts rarely spent these open-ended budgets lavishly.

Noor-Eesti enesekoloniseerimisprojekt. Teine osa Olulised kirjandusmõtteviisid . The Self-Colonization Project of Young Estonia. Part II. Modes of Literary Thinking and Relations with Colonialism in Estonian Literature of the beginning of the 20th century

Directory of Open Access Journals (Sweden)

Tiit Hennoste

2012-04-01

Full Text Available The topic of this article is the literary discourse of Young Estonia; its relations with other important Estonian literary discourses from the beginning of the 20th century, and its relations with colonial cultural discourse. First, I give an overview of the basic positions of the Young Estonians’ literary discourse, the main shapers of which were Friedebert Tuglas, Gustav Suits, later on Johannes Semper as well. Next, I present the basic principles of three Estonian literary discourses from the beginning of the 20th century, which were also important to the Young Estonians: nationalist-naturalistic (close-to-life; socialist/ class-based, and 20th century modernist. The Young Estonians began as nationalists and/or socialists. During the formation of Young Estonia’s discourse at the end of the first and beginning of the second decade of the 20th century, 20th century modernism began, which the Young Estonians regarded first and foremost with irony. The Young Estonians’ literary discourse is a mixture of aestheticism, decadence, symbolism, romanticism, and classicism. The point of departure for the Young Estonian approach to literature was eurocentrism. They took a superior and negative view of existing Estonian literature, which they regarded as having fallen drastically behind Europe. Since it was unable to build on its own foundation, it had to borrow from Europe. The discourse’s understandings of cultural values – theory, reading, knowledge, ready-made culture, derive from the centrality of the dynamic of borrowing. New culture could be created freely, without the support of previous local tradition; it was to be an elite culture, while the writer remained an individualist. Literature was to follow the principle of art for art’s sake; aesthetics and the form of the work of art were basic criteria. The formal ideals of the work of art were classicist: unity, integrity (wholeness, harmony, order, logic, etc. Thirdly, I outline the

Barriers to addressing substance abuse in domestic violence court.

Science.gov (United States)

Riger, Stephanie; Bennett, Larry W; Sigurvinsdottir, Rannveig

2014-03-01

Substance abuse commonly co-occurs with intimate partner violence among both perpetrators and survivors. Specialized courts that focus on intimate partner violence provide a unique opportunity to address both problems simultaneously, but research has yet to identify whether this happens. In this qualitative study of a domestic violence court in a large midwestern metropolitan area, key informants were interviewed to understand how the Court treats substance abuse. Results indicate that substance abuse typically is not identified among perpetrators or survivors going through the Court unless it is mentioned in a police report. Barriers to such identification are the organization of the Court, bounded definition of actors' roles in the Court, limited resources, and negative attitudes towards survivors. These results suggest that specialized courts that attend to only one problem may overlook the possibility of addressing issues that commonly co-occur.

78 FR 69817 - Polyethylene Retail Carrier Bags From Thailand: Final Court Decision and Amended Final Results of...

Science.gov (United States)

2013-11-21

... Bags From Thailand: Final Court Decision and Amended Final Results of Administrative Review of the..., which recalculated the weighted-average duty margin for polyethylene retail carrier bags (PRCBs) from... Packaging at the CIT. \\2\\ See Polyethylene Retail Carrier Bags from Thailand: Final Results and Partial...

Radon in Estonian dwellings - Results from a National Radon Survey

Energy Technology Data Exchange (ETDEWEB)

Pahapill, Lia; Rulkov, Anne; Rajamaee, Raivo [Estonian Radiation Protection Centre (Kiirguskeskus), Tallinn (Spain); Aakerblom, Gustav [Swedish Radiation Protection Authority, Stockholm (Sweden)

2003-10-01

A countrywide survey of radon concentrations in Estonian dwellings was carried out during the period 1998-2001. The survey formed a part of the cooperation program on radiation protection between the Estonian Radiation Protection (Kiirguskeskus) Centre and the Swedish Radiation Protection Authority (SSI). The survey included measurements in a number of dwellings representative for Estonia in detached houses and multifamily buildings (only dwellings on the bottom floor were included in the survey). Altogether, radon concentrations were measured in 515 dwellings, a number large enough to be statistically significant. All measurements were made with alphatrack film detectors of the same type that SSI uses in Sweden. The measurements were made during a 2-3 month period during the winter half-year. Two detectors were used in each dwelling. In Estonia there are 0.17 million dwellings in detached houses and 0.45 million in multi apartment buildings. Of the 1.26 million inhabitants in Estonia. 0.36 million live in detached houses and 0.90 million in multi apartment buildings. Most of the latter were built during the Soviet occupation. Of the dwellings in multifamily buildings 30 % are assumed to be situated on the first floor. The mean radon concentration in dwellings in detached hoses, according to the survey results, is 103 Bq/m{sup 3}, in dwellings on the bottom floor in multi apartment buildings it is 78 Bq/m{sup 3}. In 1% of the dwellings the radon concentration exceeded 400 Bq/m{sup 3}. The highest radon concentration found in the study was 1040 Bq/m{sup 3}. Based on the assumption that the average radon concentration in the dwellings in multi-apartment buildings that are not situated on the bottom floor is 30 Bq/m{sup 3}, and that these dwellings constitute 70% of all dwellings in multi apartment buildings, the mean radon concentration in dwellings in multi apartment buildings is calculated to be 44 Bq/m{sup 3}. The mean value for all Estonia dwellings is calculated

Radon in Estonian dwellings - Results from a National Radon Survey

International Nuclear Information System (INIS)

Pahapill, Lia; Rulkov, Anne; Rajamaee, Raivo; Aakerblom, Gustav

2003-10-01

A countrywide survey of radon concentrations in Estonian dwellings was carried out during the period 1998-2001. The survey formed a part of the cooperation program on radiation protection between the Estonian Radiation Protection (Kiirguskeskus) Centre and the Swedish Radiation Protection Authority (SSI). The survey included measurements in a number of dwellings representative for Estonia in detached houses and multifamily buildings (only dwellings on the bottom floor were included in the survey). Altogether, radon concentrations were measured in 515 dwellings, a number large enough to be statistically significant. All measurements were made with alphatrack film detectors of the same type that SSI uses in Sweden. The measurements were made during a 2-3 month period during the winter half-year. Two detectors were used in each dwelling. In Estonia there are 0.17 million dwellings in detached houses and 0.45 million in multi apartment buildings. Of the 1.26 million inhabitants in Estonia. 0.36 million live in detached houses and 0.90 million in multi apartment buildings. Most of the latter were built during the Soviet occupation. Of the dwellings in multifamily buildings 30 % are assumed to be situated on the first floor. The mean radon concentration in dwellings in detached hoses, according to the survey results, is 103 Bq/m 3 , in dwellings on the bottom floor in multi apartment buildings it is 78 Bq/m 3 . In 1% of the dwellings the radon concentration exceeded 400 Bq/m 3 . The highest radon concentration found in the study was 1040 Bq/m 3 . Based on the assumption that the average radon concentration in the dwellings in multi-apartment buildings that are not situated on the bottom floor is 30 Bq/m 3 , and that these dwellings constitute 70% of all dwellings in multi apartment buildings, the mean radon concentration in dwellings in multi apartment buildings is calculated to be 44 Bq/m 3 . The mean value for all Estonia dwellings is calculated to be 60 Bq/m 3 . Using

Is optimum and effective work done in administrative jurisdiction

International Nuclear Information System (INIS)

Hoecht, H.

1980-01-01

Is optimum and effective work done in administrative jurisdiction. The author describes the general situation prevailing in administrative jurisdiction. He gives tables on the number of subjects received per annum, of judges administering justice and figures on executed and non-executed proceedings. He reports on districts of jurisdiction, personnel, court administration and the amount of work. The investigation into administrative jurisdiction has shown accomplishments for 1978 which are not bad at all. Sporadic administrative shortcomings are to be realized and put to an end. (HSCH) [de

Trial by Tweet? Findings on Facebook? Social Media Innovation or Degradation? The Future and Challenge of Change for Courts

Directory of Open Access Journals (Sweden)

Pamela D. Schutz

2013-02-01

Full Text Available The growth and exponential influence of social media challenging modern media outlets and the scope of participants is rivalling that of nation states. In addition the power of this media spectrum is forming another style of Public Square in cyber space and the demise of the spiral of silence. In turn this appears to be democratic input that can affect public policy and perhaps affects court administration and outcomes. This paper argues that while Courts must become more media savvy and modernise their methods of information outputs, it is also incumbent upon them to consider the theoretical impact and practices at work and how to ensure the delivery and dissemination of relevant responsive information and maintain the integrity and independence of Courts and the Judiciary.

Ärkamisaeg, Noor-Eesti ja miski nende vahel. Eesti kirjandusloo küsimusi Juhan Kunderi näitel / National Awakening , Young Estonia and Something In Between. Problems of Estonian Literary History in the Example of Juhan Kunder

Directory of Open Access Journals (Sweden)

Pille-Riin Larm

2013-12-01

Full Text Available According to the long-standing periodisation of Estonian literary history, the Estonian National Awakening that started in the mid-19th century was followed by a period of lesser creativity and originality, which ended only with the breakthrough of the modernist Young Estonia group in 1905. In the canon of Estonian literature, Juhan Kunder (1852–1888, today known primarily for his fairy tales, one play and lyrics of one song, is placed in this intermediate period. This article first introduces the significance of Kunder in his time. He was a popular writer and a wellknown pedagogue, and a younger contemporary of the great figures of the National Awakening. As a critic, magazine editor and literary historian, his most important contribution to literary history was in the development of literary thought. It seems that several precedents that have been attributed to the Young Estonia group, e.g., valuing originality, writing well-argued criticism, etc., actually originated from an earlier period. Based on these observations, the author of this article believes that the current structure of Estonian literary history is not adequately justified, and she points out a semantic shift in the terms in use. It is true that Kunder was largely an epigone of his predecessors, but in the positive sense of the term, meaning that he continued their mission. Similarly, Kunder’s predecessor, the ‘first Young Estonian’ Kreutzwald, and a representative of his 20th-century successors, Friedebert Tuglas, were also epigones. During the period of Russification that started during his era, Kunder’s attitudes could be considered progressive. Kunder was also a 19th-century contemporary of the Young Estonia group and a true Young Estonian in the original sense of the term which emerged in this period: a Young Estonian introduced new initiatives and was a leader of the national movement. Epigonism and membership in Young Estonia can be seen as the keys to cultural

Court interpreting and pragmatic meaning

DEFF Research Database (Denmark)

Jacobsen, Bente

In Denmark, court interpreters are required to deliver verbatim translations of speakers' originals and to refrain from transferring pragmatic meaning. Yet, as this paper demonstrates, pragmatic meaning is central to courtroom interaction.......In Denmark, court interpreters are required to deliver verbatim translations of speakers' originals and to refrain from transferring pragmatic meaning. Yet, as this paper demonstrates, pragmatic meaning is central to courtroom interaction....

A People’s Court? A Bottom-up approach to litigation before the Euopean Court of Justice

NARCIS (Netherlands)

Hoevenaars, J.

2018-01-01

Each year the European Court of Justice delivers over a thousand decisions on the basis of EU law that affect the Members States as well as the lives of their citizens. Most of these decisions are the result of requests for a preliminary ruling sent by national courts and tribunals seeking an

MOTIVATION OF ADMINISTRATIVE ACTS – GUARANTEE OF GOOD ADMINISTRATION

Directory of Open Access Journals (Sweden)

Adelin Mihai ZĂGĂRIN

2018-05-01

Full Text Available The present article deals with the aspects of motivating administrative acts, both doctrinaire and practical, of jurisprudence. The duty of the administration to motivate its decisions is submitted in the Charter of Fundamental Rights of the European Union, art. 41. In the current European legal order, the rationale for administrative acts is considered and refers to one of the most important conditions of validity of the administrative act. The Romanian Constitution ensures and emphasizes the motivation, as it is imposed by the Charter. The realization of this fundamental right to motivate administrative acts is possible by calling upon a set of values from the administration, such as transparency, professionalism and the imposition of high quality standards. Motivation is achieved where we have a good administration, and whether citizens are, among other things, respected fundamental rights and freedoms, access to information is guaranteed and motivated their decisions. Although administrative normative acts are motivated by the administration, examples that show that individual ones are unmotivated or incompletely motivated are enough, which made the various employers legally answer for the non-motivation of their decisions to terminate work relationships with several of the employees. The motivation of administrative acts is necessary, mandatory and must be done with rigor. It is highlighted that inadequate, incomplete or vicious reasoning may result in suspension or even annulment of the administrative act by the court.

The Impact of Two Los Angeles County Teen Courts on Youth Recidivism: Comparing Two Informal Probation Programs

Science.gov (United States)

Gase, Lauren N; Kuo, Tony; Lai, Elaine; Stoll, Michael A; Ponce, Ninez

2016-01-01

Objective This study sought to examine the impact of two Teen Courts operating in Los Angeles County, a juvenile justice system diversion program in which youth are judged by their peers and given restorative sentences to complete during a period of supervision. Methods A quasi-experimental design was used to compare youth who participated in Teen Court (n=112) to youth who participated in another diversion program administered by the Probation Department (the 654 Contract program) (n=194). Administrative data were abstracted from Probation records for all youth who participated in these programs between January 1, 2012 and June 20, 2014. Logistic and survival models were used to examine differences in recidivism - measured as whether the minor had any subsequent arrest or arrests for which the charge was filed. Results Comparison group participants had higher rates of recidivism than Teen Court participants, after controlling for age, gender, race/ethnicity, and risk level. While the magnitude of the program effects were fairly consistent across model specifications (odd ratios comparing Teen Court [referent] to school-based 654 Contract ranging from 1.95 to 3.07, hazard ratios ranging from 1.62 to 2.27), differences were not statistically significant in all scenarios. Conclusions While this study provides modest support for the positive impact of Teen Court, additional research is needed to better understand how juvenile diversion programs can improve youth outcomes. PMID:27547171

with a comparative view at the jurisdiction of the U.S.- Supreme Court and the German Federal Constitutional Court

OpenAIRE

Hiller, Kinga

2010-01-01

This thesis is about the connection between the constitutional ownership guarantee and the political-philosophical conception of property. I portray and analyze the jurisdiction of the Hungarian Constitutional Court since the fall of Communism in 1989 in light of these two aspects and venture a comparison with the jurisdiction of the U.S.- Supreme Court and the German Federal Constitutional Court. In political and philosophical terms, there are - roughly speaking - two opposing conceptio...

The Relevance of Criminal Courts in the Global South

Directory of Open Access Journals (Sweden)

Pablo Leandro Ciocchini

2017-12-01

Full Text Available The literature on comparative law has a long and robust tradition, but studies comparing courts and judicial systems are scarce. Comparative studies in the Global South, following Shapiro’s institutional approach, have aimed to measure the involvement of courts in politics by assessing the power of the judiciary in society, the level of judicial independence, and their role in the context of the judicialization of politics. The focus was on the high courts, including either Constitutional or Supreme Courts. Criminal courts have not received similar attention despite the influence of their everyday decisions on people’s lives and their perception of the judicial system. This article argues that developing a comparative approach for criminal courts in the Global South is needed to help understand the role they play in the development of the rule of law and democratic life. This comparative study helps understand the impact of judicial reform programmes in the Global South. These reforms, inspired by a neoliberal paradigm, have focused on improving the efficiency of the courts. The reforms have promoted managerial techniques detrimental to the standards of due process. Any assessment of the impact of the reforms on the courts in the Global South should start by recognising the widely differing settings under which they operate. This context is characterised by serious economic constraints, such as a lack of material and human resources, and a democratic deficit legacy from the past authoritarian regimes, including widespread police abuse and corruption. Given this context, the role of the courts in ensuring due process and the legality of police procedures is crucial. The impact of the judicial reforms promoting managerial rationality in recent decades must be analysed. To examine the role courts are playing in criminal matters, two cases were explored where courts have undergone extensive judicial reforms, Argentina and the Philippines.

Does gender matter? Exploring mental health recovery court legal and health outcomes.

Science.gov (United States)

Kothari, Catherine L; Butkiewicz, Robert; Williams, Emily R; Jacobson, Caron; Morse, Diane S; Cerulli, Catherine

2014-12-05

Based upon therapeutic justice principles, mental health courts use legal leverage to improve access and compliance to treatment for defendants who are mentally ill. Justice-involved women have a higher prevalence of mental illness than men, and it plays a greater role in their criminal behavior. Despite this, studies examining whether women respond differently than men to mental health courts are lacking. Study goals were to examine gender-related differences in mental health court participation, and in criminal justice, psychiatric and health-related outcomes. This study utilized a quasi-experimental pre-posttest design without a control group. The data were abstracted from administrative records of Kalamazoo Community Mental Health and Substance Abuse agency, the county jail and both county hospitals, 2008 through 2011. Generalized estimating equation regression was used to assess gender-differences in pre-post program outcomes (jail days, psychiatric and medical hospitalization days, emergency department visits) for the 30 women and 63 men with a final mental health court disposition. Program-eligible females were more likely than males to become enrolled in mental health court. Otherwise they were similar on all measured program-participation characteristics: treatment compliance, WRAP participation and graduation rate. All participants showed significant reductions in emergency department visits, but women-completers had significantly steeper drops than males: from 6.7 emergency department visits to 1.3 for women, and from 4.1 to 2.4 for men. A similar gender pattern emerged with medical-hospitalization-days: from 2.2 medical hospital days down to 0.1 for women, and from 0.9 days up to 1.8 for men. While women had fewer psychiatric hospitalization days than men regardless of program involvement (2.5 and 4.6, respectively), both genders experienced fewer days after MHRC compared to before. Women and men showed equal gains from successful program completion in

Procedural Justice in Dutch Administrative Law Proceedings

NARCIS (Netherlands)

Verburg, André|info:eu-repo/dai/nl/355246236; Schueler, Ben|info:eu-repo/dai/nl/126262586

2014-01-01

In this paper we discuss recent developments in administrative court proceedings in the Netherlands, called the New Approach. Along with developments leading to the New Approach, it became clear that the insights from research on procedural justice deserve particular attention. The goals of the

Judicial review of administrative silence

Directory of Open Access Journals (Sweden)

Radošević Ratko S.

2015-01-01

Full Text Available Administrative silence is a situation in which the competent authority, within the statutory deadline, has not issued an administrative act at the request of the party. In the case of administrative silence, given the fact that the citizens are unable to protect their rights and legal interests without an administrative act, they are provided with legal protection. In this case, the same legal relationship is created, directly on the basis of the statute, as in the situation in which the party's request is rejected. This means that the party may, under the conditions prescribed by the statute, initiate the procedure of judicial review of administrative silence. In the paper, the author explains the conditions under which the judicial review of administrative silence can be initiated and the role of the court in this judicial procedure.

78 FR 72628 - Polyethylene Retail Carrier Bags From Thailand: Notice of Court Decision Not in Harmony With...

Science.gov (United States)

2013-12-03

... from Thailand on November 3, 2011.\\3\\ Both Thai Plastic Bags Industries Co., Ltd. and Polyethylene.../exporter margin (percent) Thai Plastic Bags Industries Company 35.79 Landblue (Thailand) Co., Ltd 25.60 In... Bags From Thailand: Notice of Court Decision Not in Harmony With Final Results of Administrative Review...

Unwrapping Court-Connected Mediation Agreements

DEFF Research Database (Denmark)

Adrian, Lin; Mykland, Solfrid

2018-01-01

Court-connected mediated agreements seem to both fulfil and fail the ideal of self-determination in mediation theory. In a study of 134 agreements from court-connected mediation, we found that the majority of agreements contain creative elements and display great variation in the provisions...... and understand them. The judicial language is well known for the drafters of the agreement but not the parties. Thus, court-connected mediation seems to fail aspects of self-determination when it comes to drafting agreements. We draw on new-institutional theory when we explore and explain this apparent...... they contain. These results indicate that the parties play an important role in crafting the substance of their agreements. However, we also found that the wording of the agreements is characterised by legal and bureaucratic language to the extent that people without legal training find it difficult to read...

Control of decisions in proceedings at administrative courts relating to the Federal Act for Protection Against Nuisances and to the Atomic Energy Law

International Nuclear Information System (INIS)

Sellner, D.

1980-01-01

The author examines especially those lawsuits where the judicial decision depends - among other things - on the prior settling of most difficult technological questions. The decision on Kalkar given by the Federal Court of Justice is so important because it confirms that largely unclear legal terms are unobjectionable from the point of view of constitutional law. Using other findings, the author discusses the extension of legal protection as to include earlier stages of licensing procedures, foreclosure, the tightness of controls in case of review and subsequent assessment of difficult scientific or technological issues, risk assessment and its evaluation by the executive and judiciary. Law leaves final decision and assessment up to the executive power, the review of the framework up to the court. The problems mentioned can be solved without having to set up a science court or to install a judge who is an expert in technologies. (HSCH) [de

Matching Judicial Supervision to Clients’ Risk Status in Drug Court

Science.gov (United States)

Marlowe, Douglas B.; Festinger, David S.; Lee, Patricia A.; Dugosh, Karen L.; Benasutti, Kathleen M.

2007-01-01

This article reports outcomes from a program of experimental research evaluating the risk principle in drug courts. Prior studies revealed that participants who were high risk and had (a) antisocial personality disorder or (b) a prior history of drug abuse treatment performed better in drug court when scheduled to attend biweekly judicial status hearings in court. In contrast, participants who were low risk performed equivalently regardless of the court hearings schedule. This study prospectively matches drug court clients to the optimal schedule of court hearings based on an assessment of their risk status and compares outcomes to clients randomly assigned to the standard hearings schedule. Results confirmed that participants who were high risk and matched to biweekly hearings had better during-treatment outcomes than participants assigned to status hearings as usual. These findings provide confirmation of the risk principle in drug courts and yield practical information for enhancing the efficacy and cost-efficiency of drug courts. PMID:18174915

Internal and External Dialogue: A Method for Quality Court Management

Directory of Open Access Journals (Sweden)

Marie Hagsgård

2008-10-01

Full Text Available The aim of quality court work is to maintain or improve public trust in the court as a vital part of a democratic society. Public confidence in the judicial system is affected by a number of factors, including speedy and judicially correct decisions which are generally understandable and a good treatment of parties and witnesses before and during court proceedings. In order to uphold and enhance public trust, courts need to work systematically to improve the quality of court functioning. But questions remain regarding how to institute quality court management, and how to achieve positive results. Although court managers in Sweden have shown an interest in starting systematic quality work, they have found it difficult to find a method for such work and systematically achieving results.

Clinical factors associated with rape victims' ability to testify in court: a records-based study of final psychiatric recommendation to court.

Science.gov (United States)

Phaswana, T D; Van der Westhuizen, D; Krüger, C

2013-09-01

A rape victim may encounter professionals in both the health and the legal systems. Unanswered questions remain about clinical factors associated with a rape victim's ability to testify in court, and the quality of care offered to rape victims. The objectives of this study were thus to determine the clinical factors that are associated with a rape victim's ability to testify in court, as well as to undertake a preliminary exploration of the referral system between the court and the mental health services. A retrospective study was conducted of rape victims referred by the court (n=70) to be assessed psycho-legally by psychiatrists. Rape victims who were recommended as able and those recommended as unable to testify in court were compared with regard to their clinical characteristics. Thirty-seven (53.6%) victims were recommended as able to testify and 32 (46.4%) victims as unable to testify in court. Victims from rural areas and victims with severe mental retardation were statistically significantly more often found to be unable to testify in court. Almost half (49.2%) of the victims were referred by court for first assessment within six months of being raped. Most (63.5%) victims were assessed for the first time within one month of being referred. The decision about a victim's ability to testify should not be based solely on the two statistically significant variables but, rather, individualised. Optimal mental health and legal services should be offered to rape victims. Further studies are required in assessing the collaboration between the health and legal systems.

Estonian experience in establishing the national radiation protection infrastructure in the newly independent State

International Nuclear Information System (INIS)

Kalam, J.

2001-01-01

The Estonian Radiation Protection Centre (ERPC) was established on 4 January 1996 as the regulatory authority for radiation protection and safety of radiation sources. The report explains the ERPC's structure and its main functions and activities, and provides information on the regulations that have been approved or are planned to be adopted. Reference is made to radiological emergency preparedness and, in particular, to the status of development of the system of regulatory control by authorization and inspection of radiation practices in the country. (author)

Criminal adjudication by state courts under the FDRE constitution ...

African Journals Online (AJOL)

... delegation power or as an original power. This article explores how the state courts are adjudicating federal criminal matters, and how the criminal adjudicative jurisdiction of the federal courts and state courts is compartmentalized. Keywords: jurisdiction, criminal adjudication, compartmentalization, constitution, federalism ...

25 CFR 11.907 - Transfer to Court of Indian Offenses.

Science.gov (United States)

2010-04-01

....907 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.907 Transfer to Court of Indian Offenses. (a) The presenting officer or the minor may file a petition requesting the children's court to transfer the minor to...

THE EXECUTION INSTANCE OF THE JUDICIAL JUDGEMENTS SENTENCED IN THE LITIGATIONS OF ADMINISTRATIVE CONTENTIOUS

Directory of Open Access Journals (Sweden)

ADRIANA ELENA BELU

2012-05-01

Full Text Available The instance which solved the fund of the litigation rising from an administrative contract differs depending on the material competence sanctioned by law, in contrast to the subject of the commercial law where the execution instance is the court. In this matter the High Court stated in a decision1 that in a first case the competence of solving the legal contest against the proper forced execution and of the legal contest that has in view the explanation of the meaning of spreading and applying the enforceable title which does not proceed from a jurisdiction organ is in the authority of the court. The Law of the Administrative Contentious no 554/2004 defines in Article 2 paragraph 1 letter t the notion of execution instance, providing that this is the instance which solved the fund of the litigation of administrative contentious, so even in the case of the administrative contracts the execution instance is the one which solved the litigation rising from the contract. Corroborating this disposal with the ones existing in articles 22 and 25 in the Law, it can be shown that no matter the instance which decision is an enforceable title, the execution of the law will be done by the instance which solved the fund of the litigation regarding the administrative contentious.

Influence of Article 9 (3) of the Aarhus Convention on legal standing in Estonian administrative courts / Kaarel Relve

Index Scriptorium Estoniae

Relve, Kaarel, 1975-

2009-01-01

Aarhusi konventsioonist (Keskkonnainfo kättesaadavuse, keskkonnaasjade otsustamises üldsuse osalemise ja neis asjus kohtu poole pöördumise konventsioon) ja selle art. 9 (3) mõjust Eesti halduskohtutele

A Standing Investment Court under TTIP from the Perspective of the Court of Justice of the European Union

NARCIS (Netherlands)

Gáspár-Szilágyi, S.

2016-01-01

This article critically assesses the feasibility of the recently proposed Investment Court System (ICS) under the envisaged Transatlantic Trade and Investment Partnership (TTIP), from the perspective of the Court of Justice of the European Union (CJEU). It is argued that an ex ante assessment of the

Riik võib lüüa SAS-i esmaspäevaks Estonian Airi omanikeringist välja / Erik Müürsepp, Mikk Salu

Index Scriptorium Estoniae

Müürsepp, Erik

2008-01-01

SAS osaleb Estonian Airþile lisakapitali eraldamises ainult juhul, kui Eesti riik müüb oma osaluses lennukompaniis SAS-ile. Peaminister Andrus Ansipi ning majandus- ja kommunikatsiooniminister Juhan Partsi seisukoht

25 CFR 11.704 - Appointment and duties of executor or administrator.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Appointment and duties of executor or administrator. 11... executor or administrator. (a) Upon ordering the estate to be probated, the court shall appoint an... be the executor of the estate shall be so appointed, provided such person is willing to serve in such...

Court rejects claim of mental illness from needlestick.

Science.gov (United States)

1998-05-29

The Montana Supreme Court rejected the bid of a medical technician to remain on workers' compensation, based on his claims that he suffered from psychosis, depression, and hallucinations after pricking himself with a needle used on an HIV-positive patient. [Name removed], a respiratory therapist at Community Medical Center in Missoula, tested negative for HIV, but claimed that the psychological trauma from the needlestick injury caused him to become disabled. Based on expert testimony, the Workers' Compensation Court determined that [name removed] was faking his symptoms to collect benefits from his employer's insurer, EBI/Orion Group. [Name removed] appealed, and the Supreme Court remanded the case, stating that psychologists are not included among the medical professionals able to conduct medical reviews. The Workers' Compensation Court again found that [name removed] was faking his symptoms, and [name removed] unsuccessfully appealed. The compensation panel cited conflicting evidence from psychological tests, [name removed]'s friends' testimonies, and [name removed]'s personal diary. The Supreme Court upheld the verdict.

Summary of State Policy Regulations for Public Sector Labor Relations: Statutes, Attorney Generals' Opinions and Selected Court Decisions.

Science.gov (United States)

Labor Management Services Administration (DOL), Washington, DC. Div. of Public Employee Labor Relations.

This chart represents a state-by-state compilation of the numerous statutes, executive orders, attorney general opinions, and court decisions which govern state and local government labor relations. Where available, information on each authority includes: (1) administrative body, (2) bargaining rights, (3) recognition rights and procedure, (4)…

Jüri Okas’ ‘specific objects’: diverging discourses in Estonian Art in the 1970s.

OpenAIRE

Kurg, Andres.

2003-01-01

Previously in the University eprints HAIRST pilot service at http://eprints.st-andrews.ac.uk/archive/00000367/ Article 3 of 6 in issue devoted to the visual culture of the Scandinavian and Baltic region. This article will look at the early works of Estonian architect and artist Jüri Okas and will try to work between diverging languages and interpretations, reading works by Okas against the background of Anglo-american conceptualism and minimalism of the same period. The first part of th...

Bernhard Linde. Noor-Eesti vooriülem. Bernhard Linde. Leader of the Young Estonian Pack

OpenAIRE

Jaanus Kulli

2012-01-01

Bernhard Linde (1886–1954) was a recognized and prolific Estonian theatre critic of the first quarter of the 20th century, who mediated and propagated western as well as eastern European theatrical innovations. In addition, he was active as a literary and art critic, publisher, and proponent of libraries, to a modest extent he was a prose writer and poet. Unquestionably, however, Bernhard Linde’s most prominent role was as one of the founding members of the literary movement Young Estonia. He...

Educational Malpractice: Why the Courts Say No.

Science.gov (United States)

Hammes, Richard

1989-01-01

The courts have refused to award damages to litigants claiming educational malpractice. This article discusses recurring themes in the courts' rationale for their decisions. Discussion focuses on elements of negligence: the duty of care, the breach of duty, injury and proximate cause. (IAH)

The legal nature of administrative detention

Directory of Open Access Journals (Sweden)

Adrian ALDEA

2012-01-01

Full Text Available Administrative or constabulary detention is the first measure involving deprivation of liberty that the police officers applies in extenso when initiating criminal investigations. Following the amendment of the jurisprudence of the European Court of Human Rights a more rigorous regulation of the circumstances and situations in which such a measure becomes effective is required

Economic modelling of the capture-transport-sink scenario of industrial CO2 emissions: The Estonian-Latvian cross-border case study

NARCIS (Netherlands)

Shogenova, A.; Shogenov, K.; Pomeranceva, R.; Nulle, I.; Neele, F.; Hendriks, C.

2011-01-01

Industrial CO2 emissions and opportunities for CO2 geological storage in the Baltic Region were studied within the EU GeoCapacity project supported by the European Union Framework Programme 6. Estonia produces the largest amounts of CO2 emissions in the region, due to the combustion of Estonian oil

Higher Education Administrators, Defamation, and Actual Malice.

Science.gov (United States)

Cloud, Robert C.

1994-01-01

In "New York Times Co. v. Sullivan," the Supreme Court held that the First Amendment protects news media defendants from libel suits by public officials and public figures. Public college and university administrators are considered to be public officials under this ruling. To prevail in defamation cases, public plaintiffs must prove…

On the subsidiarity of an appeal to the Constitutional Court in case of rejection of temporary relief sought as a protection against the construction of a nuclear facility (in connection with BVerfGE 77, 381 - Gorleben interim storage facility)

International Nuclear Information System (INIS)

Anon.

1988-01-01

The appeal to the Constitutional Court has been launched against the construction of the spent fuel receiving station of the planned nuclear fuel reprocessing plant in Wackersdorf. The proceedings on the main issue had to decide whether the Bavarian Ministry of Regional Development and Environmental Affairs as the competent supervising authority is obliged to order a stop of construction work on the grounds that there is no valid construction permit for the establishment of the receiving station after the BayVGH (Bavarian Court of Administration) with its decision of April 2, 1987 had set aside the relevant permit. The party appealing to the Constitutional Court applied for a judicial order to suspend execution of the construction permit for the receiving station until the appeal to the Constitutional Court has been decided upon. The appeal is directed among others against a decision of the BayVGH of December 11, 1987, denying temporary relief in accordance with section 123 VwGO (Rules of the Administrative Courts). The Constitutional Court denied the appeal. (orig./HP) [de

Opteren voor de Netherlands Commercial Court

OpenAIRE

Hoeben, J.; Keirse, A.L.M.; Reijneveld, M.D.

2017-01-01

Internationale contracten leiden tot internationale handelsgeschillen. Deze kunnen onder meer worden beslecht bij een commercial court. In Nederland wordt momenteel een Netherlands Commercial Court (NCC) opgericht. Dit introduceert een keuze voor (contracts)partijen voor een nieuw forum voor beslechting van internationale handelsgeschillen in de Engelse taal, waarbij de belangen van snelheid, efficiëntie en goede financierbaarheid centraal staan. Dit artikel verkent de positieve aspecten van ...

Regional Courts as Judicial Brakes?

Directory of Open Access Journals (Sweden)

Metcalf Katrin Nyman

2017-12-01

Full Text Available The article examines how regional integration courts can act as judicial brakes, at a time when “constitutional coups” – leaders staying in power past constitutional time limits or other forms of actions against the spirit if not always the letter of the constitution – are alarmingly common. The article discusses how regional courts can be used to modify or protect national rule of law and the constitutional order from the outside (i.e. from the regional integration aspect and the extent to which this can be valid particularly to promote a uniform interpretation and application of human rights. Although this trend is visible in Europe, it is more striking, because less expected, on other continents, in particular Africa and the Americas, where the developments take place in less than perfect democratic environments. The article contains evidence from cases dealt with in the various regional courts, supporting that a system of political and judicial oversight, especially in regions with weak or fragile democratic systems, can be a useful addition to national judicial or other mechanisms of protection of rule of law and control of the executive. Action by regional courts helps defeat perceptions of majoritarian politics, which in many countries allow for the winner to take all. Under a system of regional oversight, states become aware of the limits they themselves have set and citizens become aware of their possibilities to challenge political power.

Constitutional Court's Crisis Management of Akil Mochtar's Case

OpenAIRE

Uli Mediana, Cipta; Naryoso, S.Sos, M.Si, Agus

2016-01-01

The Constitutional Court is one of the state institutions that conduct independent judicial power to hold a court in order to enforce law and justice in Indonesia that became a proof of state agencies was also not spared from the crisis. The Chairman of the Constitutional Court in 2013, Akil Mochtar caught red-handed by the Corruption Eradication Commission (KPK) for allegedly receiving bribe money for handling election disputes Gunung Mas, Central Kalimantan and elections Lebak, Banten. Sinc...

Tax administration as health policy: hospitals, the Internal Revenue Service, and the courts.

Science.gov (United States)

Fox, D M; Schaffer, D C

1991-01-01

Since 1969 federal tax policy has permitted nonprofit hospitals to turn away indigent patients or to transfer them to public hospitals. The Internal Revenue Service made health policy, but its officials remain convinced that they were not making policy at all. Convinced that it was reasoning from legal principles, the Revenue Service accepted the hospital industry's view of the history and purpose of hospitals. The federal courts further obscured the problem. Moreover, the Revenue Service took no interest in the effects of its ruling on the services provided by tax-exempt hospitals until 1989. We describe these events and seek to explain them by linking the recent history of health policy to the assumptions that govern the making of tax policy. We conclude that the making of health policy by tax officials who are not accountable for it and who believe that they are not making policy at all is not in the public interest.

National Courts and EU Law

DEFF Research Database (Denmark)

approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental......, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law....

The Hellenistic Royal Court. Court Culture, Ceremonial and Ideology in Greece, Egypt and the Near East, 336-30 BCE

NARCIS (Netherlands)

Strootman, R.

2007-01-01

In the Hellenistic empires of Alexander the Great and his successors in Greece, Egypt and the Near East, new forms of court culture and political ideology developed during the last three centuries BCE. Appropriated by Parthian kings and Roman emperors alike, the culture of these Macedonian courts

Constitutional and administrative paradigms in judicial control over EU high and low politics

DEFF Research Database (Denmark)

Cebulak, Pola

2017-01-01

This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external...... to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor) or constitutional (judicial review as guarantee of fundamental rights) in character and determined by the Court itself. Even though one would expect a dominance of the administrative...... paradigm in the domain of high politics, the Court uses both the administrative and the constitutional paradigm in its external relations case-law. The decision on which of these becomes the guiding frame seems to depend more on the policy domain, and be made case by case, which suggests politically...

Editorial Coverage of Reagan Supreme Court Nominees.

Science.gov (United States)

Hale, F. Dennis

To measure the editorial advocacy of influential newspapers concerning the membership of the Supreme Court, a study analyzed editorials from such newspapers concerning the last five Supreme Court nominees of President Ronald Reagan (William Rehnquist, Antonin Scalia, Robert Bork, Douglas Ginsburg, and Anthony Kennedy). A telephone survey of 100…

78 FR 14017 - Courts of Indian Offenses

Science.gov (United States)

2013-03-04

... process of establishing, tribal courts; and are therefore no longer in need of an extra-tribal judicial... Health Hospital, and the Albuquerque Indian School Property (land held in trust for the 19 Pueblos of New... have courts to administer justice on land under their jurisdiction. Prior notice and comment are...

[Cochlear implants in the social courts].

Science.gov (United States)

Lottner, A; Iro, H; Schützenberger, A; Hoppe, U

2018-02-01

Since the indication for receiving a cochlear implant (CI) has widened (single-sided deafness [SSD], electric acoustic stimulation [EAS], bilateral CI, CI for long-term deafness), more and more patients come into consideration for such a treatment. Hence, disputes increasingly arise between patients and their insurance companies concerning the question of whether surgery and follow-up treatment have to be paid for by statutory health insurance. This work provides an overview of judgments rendered by the German social courts. We investigated whether and in which cases it is advisable for a patient to go to court, and how long the proceedings may take. We looked for judgments in the two biggest commercial legal databases and in the database of the German social courts, using combinations of the search parameters "Cochlear," "Cochlea," "Implant," and "Implantat." Three verdicts were attained by directly contacting the court; another one was mentioned in an article. The reviewed judgements were issued between 2003 and 2017. A total of 12 judgments were found. The patients won in all but one of the main proceedings. The case that was lost concerned exceptional circumstances. One patient didn't get the desired interim measure, but won in the main proceedings. The proceedings took between 1 year and 8 months, and 9 years and 5 months. Despite the amount of time the patient has to invest, taking legal action is worthwhile. The proceedings at the social courts are generally exempt from charges. In most cases, the statutory health insurance is ordered to pay for a CI.

Codetermination in the enforcement of an administrative directive

International Nuclear Information System (INIS)

Anon.

1988-01-01

Federal Labour Court, decision of May 26, 1988 - 1 ABR 9/87. Lower instances: Karlsruhe Labour Court, October 15, 1985 - 4 BV 3/85; Baden-Wuerttemberg Regional Labour Court, November 24, 1986 - 12 Ta BV 6/86. On the basis of a right of codetermination, the works council may only claim an arrangement that could be decided upon by the employer alone outside the Works Constitution Act. In case the employer is obliged by an administrative act binding upon him, to take certain measures, the works council may not claim an arrangement deviating from this directive by referring to the right of codetermination. In the case under review, the public authority demanded that security controls be made on 5% of the ordinary personnel and the external personnel of the Karlsruhe reprocessing plant, WAK. The employer ordered these controls to be made, and the works council protested referring to the right of codetermination. The motion failed in all instances. (orig./HP) [de

Sociomateriality at the Royal Court of IS

DEFF Research Database (Denmark)

Kautz, Karlheinz; Jensen, Tina Blegind

2013-01-01

understanding of the notion of sociomateriality and its use in the IS discipline. We invite the reader to attend a prolonged monologue – characterized by honesty, frank observations and wit – at the royal court of IS. The monologue is delivered by the court jester and directed to the two sovereigns who, based...

What Defines an International Criminal Court?

DEFF Research Database (Denmark)

Kjeldgaard-Pedersen, Astrid

2015-01-01

that only criminal tribunals deriving their authority from international law should be labelled ‘international’, while the term ‘national criminal court’ should apply to tribunals set up under national law. This terminology would underline that issues concerning jurisdiction and applicable law must......Since the post-World War II tribunals, only few scholars have attempted to draw a definitional distinction between international and national criminal courts. Remarkable exceptions include Robert Woetzel, who in 1962 categorized criminal courts according to ‘the involvement of the international...... that ‘the involvement of the international community’ is at best an unhelpful criterion when it comes to resolving questions, e.g. regarding the immunity of state officials and the relevance of domestic law, that require a determination of the legal system in which the court operates. Instead, it is argued...

Jurisdiction of the international Criminal Court: Analysis, loopholes ...

African Journals Online (AJOL)

Jurisdiction of the international Criminal Court: Analysis, loopholes and challenges. ... Journal Home > Vol 3 (2012) > ... One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case.

The Constitutional Court and the Imperative of its Reform

Directory of Open Access Journals (Sweden)

Claudia Gilia

2012-12-01

Full Text Available Recent debates on the upcoming review of the Constitution have determined us to pay close attention to the basic institution in a democratic state, that is the Constitutional Court. Being caught in the crossfire between power and opposition, the Constitutional Court had a hard time lately, facing severe attacks. The aim of our study is to analyze the evolution of the Constitutional Court within the inland constitutional system, particularly bringing up the flaws describing the Court’s activity. We have also analyzed the proposals put forth by several bodies or experts regarding the constitutional contentious court. At the end of our study, following an analysis of different constitutional types of constitutional review, used by a number of states in Europe, we introduced several resolutions that may improve the role, the course and, last but not least, the activity of the Romanian Constitutional Court.

Activist Infighting among Courts and Breakdown of Mutual Trust?

DEFF Research Database (Denmark)

Neergaard, Ulla; Sørensen, Karsten Engsig

2017-01-01

had itself created it out of nowhere. In turn this appeared to be an implicit reference to the widely criticized interpretative approach of the CJEU, resulting in a far-reaching willingness to espouse judicial activism. But in acting as it did, it seems ironic that the Danish Supreme Court itself......, in this article the judgments are analysed in depth and placed into their wider context. Among other matters, we have considered how the courts should strike a sensitive balance, which has to exist in the relationship between the national courts and the CJEU, requiring mutual trust or, at the least, judicial......In its combative Ajos judgment recently rendered by the Danish Supreme Court, the court openly and controversially challenged the authority of the CJEU. By the same token, in the preliminary ruling by the CJEU preceding it, the CJEU had continued to develop the controversial general principle...

High court asked to review differing definitions of 'disability'.

Science.gov (United States)

1997-02-21

[Name removed] applied for and received Social Security benefits after losing his job at The Disney Stores, Inc. [Name removed], who has AIDS, alleges he was fired in violation of the Americans with Disabilities Act (ADA). The 3rd U.S. Circuit Court of Appeals said [name removed] could not sue [name removed] because of a discrepancy between his statements on the disability application and in the lawsuit. The Court said he had to choose between suing and accepting disability benefits. The court would not accept [name removed]'s argument that the definitions of disability under the Social Security Act and the ADA differed significantly. The U.S. Supreme Court has been asked to overturn this ruling. In a related case, the Michigan Court of Appeals invoked judicial estoppel to bar a worker from suing his employer under the State Handicappers' Civil Rights Act.

Rahvusliku ajaloo tõlgendusi eesti draamas ja teatris 1970.–1980. aastatel. Interpretations of National History in Estonian Drama and Theatre in the 1970s–1980s

Directory of Open Access Journals (Sweden)

Piret Kruuspere

2012-04-01

Full Text Available According to theatre scholar Freddie Rokem, theatre portraying or performing historical events is seeking to overcome both the separation and the exclusion from the past, as well as ’striving to create a community where the events from this past will matter again’. This article covers the topic of interpretations of national history in Estonian theatre and in original dramaturgy during the Soviet era, with the focus on aspects like national self-reflection and the relationship to the common past. The main focus is on the 1970s, with examples from Rein Saluri’s, Mati Unt’s and Jaan Kaplinski’s drama productions. During the period in question, re-tellings of national history on Estonian theatre stages were clothed in metaphors, allusions and secret codes – Aesopian language. Within the Soviet cultural context, I analyse if and to what extent theatre of the time displayed resistance, political theatre or social allegory. Theatre was also connected with the principle of playing or playfulness, which on one hand indicates national resistance, national endurance, and a certain survival strategy, but on the other hand indicates the Estonian as being an involuntary homo ludens – the Playing Man, who through various enforced roles is trying to adjust to the whirlwinds of history. Saluri’s first play, the intellectual drama Külalised (The Guests, opens with an allusion to a drama classic the world over, William Shakespeare’s Hamlet, adding a powerful national-symbolic background to the play. The role-play which permeates and structures the play (The Host–The Guest however, displays allegorical references to changes in the status and self-image of Estonians. In Unt’s play Peaproov (Dress Rehearsal, the principle of playing/acting sheds ironic light on the makers of an historical film and their readiness to create superficially flashy interpretations at any cost: this take acts as an estranging and generalising reflection in a context

Implications And Legal Consequences Of Administrative Misconduct Law: Analysis Of The Performance Of The 3rd Prosecution Mprn Of Justice In The Circuit Court Of Caicó-Rn In Period 2010 2014

Directory of Open Access Journals (Sweden)

Winston de Araújo Teixeira

2016-12-01

Full Text Available This article aims to analyze and obtain data regarding the performance of the Public Ministry of RN meet the demands of improper conduct and how is the processing of these actions aiming to verify whether, in fact, Law Nº. 8.429/92 (of Misconduct Law administrative, it is an effective mechanism to combat and reprimand corruption. For this we used the historical-deductive method. He employed the documentary research held at the 3rd Prosecutor's Office of the District of Caicó / RN, combined with the data found on the website of the Court of Justice of Rio Grande do Norte state.

UK: Welsh court reduces sentence, cites HIV status.

Science.gov (United States)

Marceau, Emmanuelle

2003-08-01

A Welsh appeal court has reduced the sentence handed down to an offender because of his HIV status, despite his lengthy criminal record. The court reduced the sentence from five to three-and-a-half years' imprisonment.

Time Standards as a Court Management Tool: The Experience in American State and Local Trial Courts

OpenAIRE

David Steelman

2010-01-01

As a public institution, the courts must be accountable for their use of a nation’s resources. The institutional independence of the judiciary from political influences and the decisional independence of individual judges in specific cases are intended not for the personal benefit of judges, but for the benefit of the society as a whole and of all those who come before the courts. Indeed, the very legitimacy of government as a whole can be powerfully reinforced by the effective operation of a...

The Dialogue with Hamlet: Paul-Eerik Rummo’s “Hamlet’s Songs” as an Example of the Existential Paradigm in Estonian Culture

Directory of Open Access Journals (Sweden)

Anneli Mihkelev

2013-06-01

Full Text Available The article demonstrates different meanings of the motif of Hamlet in the Estonian culture. Hamlet as a literary figure has been very important and influential, a symbol of will and a fighter in a hopeless situation. Paul-Eerik Rummo’s poem “Hamlet’s Songs” (1964 forms the centre around which revolve not only written texts but also many such cultural texts as theatre performances and music, all connected by allusions to Hamlet. Rummo’s poem is one of the most innovative poems from the 1960s in Estonian literature. The generation of the 1960s was influenced by several important contemporary theories, including existentialism. Many young writers systematically undermined the Soviet regime in their works. The use of the motif of Hamlet reveals a similarity between the existential and romantic rebellions. Rummo’s dialogue with Hamlet in his poem expresses optimism in a hopeless situation in a way different from Shakespeare’s.

Court Cases Involving Contracts for School Districts

Science.gov (United States)

Allen, L. Hank

2011-01-01

The purpose of this research was to analyze trends in the United States regarding contract disputes that exist in school districts. Court cases were identified at the state and federal level to determine the outcomes and the fact patterns of contract disputes. To gain the knowledge of how courts handle cases of contractual breach, contracts…

Administration in an operating plant

International Nuclear Information System (INIS)

Staebler, K.

1977-01-01

The importance of strict administrative procedures in the daily work is being demonstrated by commenting on events that occured in the operation of German nuclear power plants. The procedure for working in an area of the plant (pressurized medium, high-radioactive level, explosive of flammable mediums), where special measures for safe working have to be taken, is discussed in detail. The administrative problems during refuelling time are further on mentioned, especially the problems connected with administering more than 1,000 people with respect to health protection and sabotage protection. Some general comments on the influences from external causes (authorities, courts, etc.) are given. (orig./ORU) [de

“... if there’s a party, then there’s definitely alcohol”. Construction of partying practices and abstinence in Estonian youth forums

Directory of Open Access Journals (Sweden)

Parder Mari-Liisa

2015-12-01

Full Text Available AIMS – Adolescents’ abstinence from alcohol has not been much researched in terms of providing suggestions for prevention strategies. This study aims to fill that gap by offering a practice theory-inspired analysis of how the unwritten rules of partying practices are communicated between posters of Estonian youth forums.

Court supervised institutional transformation in South Africa ...

African Journals Online (AJOL)

The traditional adversarial model of litigation in South Africa operates on the basis that two or more parties approach the court, each with its own desired outcome. The court is then obliged to decide in favour of one of the parties. A different model of litigation is emerging in South African law. This model involves actions ...

Enrollment in mental health courts: voluntariness, knowingness, and adjudicative competence.

Science.gov (United States)

Redlich, Allison D; Hoover, Steven; Summers, Alicia; Steadman, Henry J

2010-04-01

Mental health courts (MHCs) are rapidly expanding as a form of diversion from jails and prisons for persons with mental illness charged with crimes. Although intended to be voluntary, little is known about this aspect of the courts. We examined perceptions of voluntariness, and levels of knowingness and legal competence among 200 newly enrolled clients of MHCs at two courts. Although most clients claimed to have chosen to enroll, at the same time, most claimed not to have been told the court was voluntary or told of the requirements prior to entering. The majority knew the "basics" of the courts, but fewer knew more nuanced information. A minority also were found to have impairments in legal competence. Implications are discussed.

The Hanau atomic energy laws. Nuclear fuel fabrication and the administrative law system

International Nuclear Information System (INIS)

Becker-Neetz, G.; Uebersohn, G.

1989-01-01

The review concentrates on administrative law aspects in the discussion of problems relating to the licences and preliminary notices of approval issued for the Hanau nuclear industry. The authors deal with the licences granted in 1974 (according to sec. 9 Atomic Energy Act), with the extended licensing requirements of sec. 7 Atomic Energy Act as amended by the 3rd amendment (concerning fabrication and handling of nuclear fuels), and the criminal court proceedings examining the conduct of the Alkem management and senior officers of the Hessian Ministry of Economics. Specific aspects investigated in the review include continuation of existing operations in accordance with transitory provisions, replacement of existing by new installations, and preliminary notice of approval. The preliminary notices of approval given up to the date of December 31, 1977 are said to have been illegal and extinct at that date, but the court's decision to abstain from punishment is accepted. The authors outline some possibilities of giving more concrete shape to the judicial control by administrative courts. (RST) [de

Court Culture during the Reign of Christian IV

DEFF Research Database (Denmark)

Olden-Jørgensen, Sebastian

2007-01-01

Court culture can be defined as a range of cultural forms (festival culture, painting, literature, music, architecture) employed for the enhancement of princely status and the communication of political messages. Christian IV evidently set great store on court culture beginning with his magnificent...

Taxes, Estonian state budget and economic crises. Maksud, riigi eelarve ja majanduskriis

Directory of Open Access Journals (Sweden)

Olev Raju

2013-01-01

Full Text Available Recession has sharply erected the question of tax burden and the optimal proportion of different kinds of taxes among the incomes of the budget. Indirect taxes and consumption taxes, which proportion is different according to different methodologies, dominate in Estonian state budget. The buoyancy of a tax system based on taxes of that kind is especially weak during the recession. Difficulties concerning the incomes of budget have arisen the necessity for lifting taxes, which is possible as the tax burden is low now. But a sharp question of the optimal level of taxes is going to be raised. A formula for indirect tax optimum according to Ramsey taxes and Slutski decomposition has been proposed in the article.

High School Food Courts: A New Evolution in Student Dining.

Science.gov (United States)

Beach, George

2000-01-01

Discusses how traditional high school cafeterias have changed in recent years into food courts and dining areas usually found in shopping malls. Areas examined include food court design, traffic patterns, safety and after-hours usage, and kitchens and serving areas. How one school district turned its food court system into a successful…

Attitudes of Academic Staff towards Their Own Work and towards External Evaluation, from the Perspective of Self-Determination Theory: Estonian Case

Science.gov (United States)

Seema, Riin; Udam, Maiki; Mattisen, Heli

2016-01-01

The purpose of this study was to ascertain the attitudes of academic staff towards their own work as well as towards external evaluations. The study was based on (1) an analysis of assessment reports of institutional accreditations conducted by the Estonian Quality Agency for Higher and Vocational Education and (2) self-determination theory on…

Time Standards as a Court Management Tool: The Experience in American State and Local Trial Courts

Directory of Open Access Journals (Sweden)

David Steelman

2010-04-01

Full Text Available As a public institution, the courts must be accountable for their use of a nation’s resources. The institutional independence of the judiciary from political influences and the decisional independence of individual judges in specific cases are intended not for the personal benefit of judges, but for the benefit of the society as a whole and of all those who come before the courts. Indeed, the very legitimacy of government as a whole can be powerfully reinforced by the effective operation of an independent judiciary.

The Impact of an Indiana (United States Drug Court on Criminal Recidivism

Directory of Open Access Journals (Sweden)

John R. Gallagher

2014-07-01

Full Text Available This study evaluated a drug court located in a metropolitan area of Indiana (United States, focusing specifically on identifying variables that predicted recidivism among drug court participants and comparing criminal recidivism patterns among drug court and probation participants. Drug court participants were most likely to recidivate if they were younger, had a violation within the first 30 days of the program, had a previous criminal record, and were terminated unsuccessfully from the program. Furthermore, drug court participants were less likely to recidivate than probationers who had similar offense and demographic characteristics. Implications for drug court practice, policy advocacy, and future research are discussed.

Stuttgart Local Court: Decision of February 15, 1980 - legally binding - on the boycotting of electricity rate payments

International Nuclear Information System (INIS)

Anon.

1980-01-01

With regard to payments due for electric energy supplies, electricity rate payment boycotters have neither the right to withhold payments according to Sect. 273 of the German Civil Code, nor the right of refusal to pay rates with reference to provisions of the Basic Law. A declaratory action against electricity rate payment boycotters, aiming at the judgment that they have no right of refusal to pay and no right to withhold payment, if the energy supplied is - in whole or in part - generated by licenced nuclear power stations, or if the electricity supply utility has a share in nuclear power stations, takes the conditions applicable to the admissibility of Sect. 256 (1) of the Code of Civil Procedure into account and is founded, too. To stay proceedings between the electricity supply utility and on the payment of electricity rates withheld electricity rate payment boycotters according to Sect. 148 of the Code of Civil Procedure - because of proceedings pending at administrative courts on the legality of operating licences issued for nuclear power stations - must not be considered since decisions made by administrative courts are irrelevant in this respect. (orig.) [de

Nuclear weapons and the World Court ruling

International Nuclear Information System (INIS)

Singh, J.

1998-01-01

based on the initiatives by non-governmental organizations, the World Health Organisation (WHO) Assembly asked the International Court of Justice for an advisory opinion in 1993 whether, considering the environmental and health consequences, the use of nuclear weapons by a state in war or other armed conflict would be a breach of its obligations under international law. The World Court decided that it was not able to give an advisory opinion as requested, because of the fact that questions of use of force and such like were beyond the scope of specialized agencies like the WHO. The Court has ruled that the international community, especially the five nuclear weapon states have not only an obligation to negotiate a treaty for total nuclear disarmament, but also have an obligation to conclude such treaty. We may expect that the nuclear weapon states will cynically disregard the ruling of the World Court as they have been doing to the basic obligation itself in pursuit of nuclear hegemony. But the remaining 150 countries or so also bear a responsibility to keep nudging the recalcitrant states into implementing their commitments to disarm

Court Interpreting in Denmark - the role of court interpreters in Danish courtrooms

DEFF Research Database (Denmark)

Jacobsen, Bente

1999-01-01

Court interpreters in Denmark are expected to follow the guidelines laid down in the document Instructions for Interpreters, which was published in 1994, and which deals with four principal areas: accuracy and completeness, impartiality, confidentiality and conflict of interest. This paper contends...

Introduction. National Courts vis-à-vis EU Law

DEFF Research Database (Denmark)

Mayoral, Juan A.; Wind, Marlene

2016-01-01

National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour...

16 CFR 1502.44 - Review by the courts.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Review by the courts. 1502.44 Section 1502.44 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION FEDERAL HAZARDOUS SUBSTANCES ACT REGULATIONS PROCEDURES FOR FORMAL EVIDENTIARY PUBLIC HEARING Judicial Review § 1502.44 Review by the courts...

REASON-GIVING IN COURT PRACTICE: THE EXAMPLE OF FRENCH IMMIGRATION LITIGATION

Directory of Open Access Journals (Sweden)

Mathilde Cohen, Columbia Law School-School of Law, Estados Unidos

2012-10-01

Full Text Available Abstract: This Article examines the thesis according to which the practice of giving reasons for decisions is a central element of liberal democracies. In this view, public institutions’ practice—and sometimes duty—to give reasons is required so that each individual may view the state as reasonable and therefore, according to deliberative democratic theory, legitimate. Does the giving of reasons in actual court practice achieve these goals?  Drawing on empirical research carried out in a French administrative court, this Article argues that, in practice, reason-giving often falls either short of democracy or beyond democracy. Reasons fall short of democracy in the first case because they are transformed from a device designed to “protect” citizens from arbitrariness into a professional norm intended to “protect” the judges themselves and perhaps further their career goals. In the second case, reasons go beyond democracy because judges’ ambitions are much greater than to merely provide petitioners with a ground for understanding and criticizing the decision: they aim at positively—and paternalistically in some instances—guiding people’s conduct.  The discussion proceeds by drawing attention to social aspects that are often neglected in theoretical discussions on reason-giving. A skeptical conclusion is suggested: one can rarely guarantee that any predetermined value will be achieved by the giving of reasons. The degree to which individuals are empowered by the reasons given to them is dependent on the way in which decision-givers envision their reason-giving activity, and this representation is itself conditioned by the social setting of the court. Keywords: Arbitrariness. Reason-giving. Judges.

The reasonable woman standard: effects on sexual harassment court decisions.

Science.gov (United States)

Perry, Elissa L; Kulik, Carol T; Bourhis, Anne C

2004-02-01

Some federal courts have used a reasonable woman standard rather than the traditional reasonable man or reasonable person standard to determine whether hostile environment sexual harassment has occurred. The current research examined the impact of the reasonable woman standard on federal district court decisions, controlling for other factors found to affect sexual harassment court decisions. Results indicated that there was a weak relationship between whether a case followed a reasonable woman precedent-setting case and the likelihood that the court decision favored the plaintiff. The implications of our findings for individuals and organizations involved in sexual harassment claims are discussed.

Effects of Admission and Treatment Strategies of DWI Courts on Offender Outcomes

Science.gov (United States)

Sloan, Frank A.; Chepke, Lindsey M.; Davis, Dontrell V.; Acquah, Kofi; Zold-Kilbourne, Phyllis

2013-01-01

Purpose The purpose of this study is to classify DWI courts on the basis of the mix of difficult cases participating in the court (casemix severity) and the amount of involvement between the court and participant (service intensity). Using our classification typology, we assess how casemix severity and service intensity are associated with program outcomes. We expected that holding other factors constant, greater service intensity would improve program outcomes while a relatively severe casemix would result in worse program outcomes. Methods The study used data from 8 DWI courts, 7 from Michigan and 1 from North Carolina. Using a 2-way classification system based on court casemix severity and program intensity, we selected participants in 1 of the courts, and alternatively 2 courts as reference groups. Reference group courts had relatively severe casemixes and high service intensity. We used propensity score matching to match participants in the other courts to participants in the reference group court programs. Program outcome measures were the probabilities of participants’: failing to complete the court’s program; increasing educational attainment; participants improving employment from time of program enrollment; and re-arrest. Results For most outcomes, our main finding was that higher service intensity is associated with better outcomes for court participants, as anticipated, but a court’s casemix severity was unrelated to study outcomes. Conclusions Our results imply that devoting more resources to increasing duration of treatment is productive in terms of better outcomes, irrespective of the mix of participants in the court’s program PMID:23416679

Psychotic Symptomatology in a Juvenile Court Clinic Population

Science.gov (United States)

Lewis, Dorothy Otnow; And Others

1973-01-01

This report indicating an unexpectedly high incidence of psychotic symptomatology in a population of cases referred to the Juvenile Court Psychiatric Clinic of the Second District of Connecticut, manifests the necessity for juvenile court systems to be made aware of the possibility of psychosis in our delinquent populations. (CS)

Applying the Case Management CourTools: Finding from an Urban Trial Court

Directory of Open Access Journals (Sweden)

Collins E. Ijoma

2012-06-01

Full Text Available The National Center for State Courts (NCSC recently promulgated 10 trial court performance measures, referred to as CourTools. Measures 2, 3, 4, and 5 provide a methodology by which court managers can examine their management and processing of cases. The measures include clearance rate (measure 2, time to disposition (measure 3, age of active pending caseload (measure 4, and trial date certainty (measure 5. The objective of this research was threefold. The first aim was to assess the viability of using the case management measures to examine case processing trends in a New Jersey (NJ urban trial court. Each measure was reviewed to determine the tool’s applicability to the criminal division of the court. The second objective (pursued as a parallel to the first was to present the findings in the same context as the CourTools’ framework to determine its practicality. The final goal was to serve as a platform for other courts on the national and international level that do not yet use performance measures. These courts, diverse as they are, may use the methodologies and findings of this case study as a reference and guide to develop their own program to measure the court’s productivity and efficiency. To that end, this case study sought to answer the following questions in determining the applicability of the CourTools to the selected court and by extension, its potential for more universal application to other court systems. First, what is the relevance of measurements to the courts and why is it important, if at all? Second, what are the CourTools? Third, can the measurement model be applied to an actual court and if so, how is it executed and illustrated in practice? Finally, what are the implications of the findings for the court in question, as well as, other courts that seek to incorporate the CourTools to measure performance?

The figure of the teacher in Estonian school discourse

Directory of Open Access Journals (Sweden)

Ott Puumeister

2014-10-01

Full Text Available The article concerns itself with the figure of the teacher in Estonian society. We do not concentrate on the educational system as a whole, but on one specific and crucial element in this apparatus - the teacher. We begin by offering a brief historical overview of the conditions of pedagogues in the 20th century before moving on to describe the adoption of neo-liberal free market policies since the 1990s and the effects these policies had and still have on education. Our main concern is to understand the teacher as an actor in power relations; to achieve this understanding we have selected as our examples 1 surveillance techniques in school environment that have direct relations to the state and the market; and 2 the 2012 educational workers' strike that made it quite clear that the teachers have been fixed to a position of wage workers. The overall and more abstract aim of the paper is to think about the social role of the teacher in Estonia.

Constitutional and administrative paradigms in judicial control over EU high and low politics

Directory of Open Access Journals (Sweden)

Cebulak Pola

2017-11-01

Full Text Available This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor or constitutional (judicial review as guarantee of fundamental rights in character and determined by the Court itself. Even though one would expect a dominance of the administrative paradigm in the domain of high politics, the Court uses both the administrative and the constitutional paradigm in its external relations case-law. The decision on which of these becomes the guiding frame seems to depend more on the policy domain, and be made case by case, which suggests politically sensitive adjudication, rather than a coherent approach to legitimizing the nascent judicial review in EU external relations.

8 CFR 1003.23 - Reopening or reconsideration before the Immigration Court.

Science.gov (United States)

2010-01-01

... Immigration Court. 1003.23 Section 1003.23 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Immigration Court-Rules of Procedure § 1003.23 Reopening or reconsideration before the Immigration Court. (a) Pre-decision motions...

8 CFR 1003.46 - Protective orders, sealed submissions in Immigration Courts.

Science.gov (United States)

2010-01-01

... Immigration Courts. 1003.46 Section 1003.46 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Immigration Court-Rules of Procedure § 1003.46 Protective orders, sealed submissions in Immigration Courts. (a) Authority. In any...

22 CFR 19.6-2 - Qualifying court order.

Science.gov (United States)

2010-04-01

... principal's Foreign Service retirement benefit or survivor benefit. If a court directs or implies that a... Foreign Relations DEPARTMENT OF STATE PERSONNEL BENEFITS FOR SPOUSES AND FORMER SPOUSES OF PARTICIPANTS IN... the Secretary of State. A qualifying court order must— (1) Be consistent with the terms of the Act and...

Supreme Court Review

Science.gov (United States)

Williams, Charles F.

2009-01-01

By the end of the 2008-2009 term, Justice David Souter's decision to return to New Hampshire and President Obama's nomination of Sonia Sotomayor to replace him on the bench had taken over the Supreme Court news cycle. In the end, the consensus has been that, with the possible exception of criminal justice issues, swapping out Souter for Sotomayor…

Mental health courts and their selection processes: modeling variation for consistency.

Science.gov (United States)

Wolff, Nancy; Fabrikant, Nicole; Belenko, Steven

2011-10-01

Admission into mental health courts is based on a complicated and often variable decision-making process that involves multiple parties representing different expertise and interests. To the extent that eligibility criteria of mental health courts are more suggestive than deterministic, selection bias can be expected. Very little research has focused on the selection processes underpinning problem-solving courts even though such processes may dominate the performance of these interventions. This article describes a qualitative study designed to deconstruct the selection and admission processes of mental health courts. In this article, we describe a multi-stage, complex process for screening and admitting clients into mental health courts. The selection filtering model that is described has three eligibility screening stages: initial, assessment, and evaluation. The results of this study suggest that clients selected by mental health courts are shaped by the formal and informal selection criteria, as well as by the local treatment system.

Corporation suit in administrative proceedings - BVerwG, NJW 1981, 362

International Nuclear Information System (INIS)

Skouris, W.

1982-01-01

The above mentioned decisions show that the repeated demand for an admission of the corporation suit has not had much impact on jurisdiction. Still the courts are examining whether the rights of corporations taking action against the executive measures are being infringed by them or not. They do not seem to be willing to admit the enforcement of members' rights or of public interests by means of a corporation suit except in those cases that are already embodied in the law. The latest statement of the administrative courts prove that the administrative procedural law (still) in force does not accept any general law on the conduct of a case on behalf of associations for the protection of their members' rights (egoistic corporation suit), nor does it acknowledge the legitimacy of corporations to see against objective illegalities in official decisions with the intention of reducing deficiencies in the execution (altruistic corporation suit). (orig.) [de

Smoking prevalence and attitudes towards smoking among Estonian physicians: results from cross-sectional studies in 2002 and 2014

OpenAIRE

Põld, Mariliis; Pärna, Kersti

2017-01-01

Objectives To explore smoking prevalence and attitudes towards smoking among Estonian physicians in 2002 and 2014. Design Two self-administered cross-sectional postal surveys were conducted among practising physicians in Estonia. Participants Initial sample consisted of all practising physicians in Estonia. The corrected response rate was 67.8% in 2002 and 53.1% in 2014. Present study sample was restricted to physicians younger than 65 years (n=2549 in 2002, n=2339 in 2014). Methods Age-stand...

Money Matters: Cost-Effectiveness of Juvenile Drug Court with and without Evidence-Based Treatments

Science.gov (United States)

Sheidow, Ashli J.; Jayawardhana, Jayani; Bradford, W. David; Henggeler, Scott W.; Shapiro, Steven B.

2012-01-01

The 12-month cost-effectiveness of juvenile drug court and evidence-based treatments within court were compared with traditional Family Court for 128 substance-abusing/dependent juvenile offenders participating in a 4-condition randomized trial. Intervention conditions included Family Court with community services (FC), Drug Court with community…

The European Union Court of Justice after the Treaty of Lisbon

Directory of Open Access Journals (Sweden)

Radivojević Zoran

2016-01-01

Full Text Available Created by the Treaty of Paris as a judicial authority which ensures respect for the law when interpreting and applying this treaty, the European Court of Justice has so far been repeatedly reformed. The latest reform of the judicial system of the European Union, put into effect by the Lisbon Treaty, largely relies on solutions contained in the unaccepted Treaty on the Constitution for Europe. Novelties that this treaty brings could be grosso modo divided into several basic categories. First, there are organizational changes related to the different name and composition of the courts, appointment of judges and advocates-general and the formation of specialized courts. The new terminology and organization aims to provide a clear distinction between the Court of Justice of the EU, which is an aggregate term or generic designation for the entire judicial system of the Union, and special judicial bodies that enter into its composition. These are the Court of Justice as the highest authority, the General Court which is actually the renamed Court of First Instance, and specialized courts that replaced the judicial panels. The second category includes changes that expand the jurisdiction of the Court to certain new areas owing to the abolition of the former EU pillar structure and the dissolution of the European Community. On such a basis, an integration of court jurisdiction regarding the first and third pillar ensued, as the Court of Justice was vested with general and compulsory jurisdiction over the entire law created in the newly established area of freedom, security and justice. The exception is the area of common foreign and security policy, in which the Court's jurisdiction still remains excluded. The third type of amendment extends the scope of judicial reviews of the validity of acts adopted by EU institutions and enables authorized subjects an easier access to the Court. Their aim is to strengthen the rule of law within the legal system of

Employers liability to the international criminal court

Directory of Open Access Journals (Sweden)

Yenifer Yiseth Suárez Díaz

2014-01-01

Full Text Available The constant changes in the social dynamics due to economic and technological development has brought along the need to dispose of a High Court, with competence over International Crimes. The above was the reason to establish the International Criminal Court, destined to prosecute and punish the maximum responsible for crimes of its jurisdiction. Nonetheless, despite the existence of individual criminal responsibility as an accomplice in the case of entrepreneurs who contribute to the crime, there is not an actual investigation or conviction as such in the Court fase for those individuals. Through a criminological study, the actions in the frame of the criminal policy in international law, in order to hold individual criminal responsibility towards entrepreneurs for international crimes, will be evaluated, from the dogmatic categories established in the international guidelines as well as from international doctrine.

HIV/STI Risk Behavior of Drug Court Participants

Science.gov (United States)

Robertson, Angela A.; St. Lawrence, Janet S.; McCluskey, D. Lee

2012-01-01

Drug abusing offenders have high rates of HIV and other sexually transmitted infections (STI). To date, the HIV/STI prevention needs of offenders in drug court programs have been ignored. This multi-method study employed interviews to assess drug court professionals' perceptions of the need for an HIV risk reduction intervention to be integrated…

CONTEMPORARY CHALLENGES IN LATIN AMERICAN ADMINISTRATIVE JUSTICE

OpenAIRE

R. Perlingeiro

2016-01-01

This study consists of a critical comparative analysis of the administrative justice systems in eighteen Latin-American signatory countries of the American Convention on Human Rights (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, El Salvador, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic, Uruguay, and Venezuela). According to this article, the excessive litigation in Latin-American courts that has seriously hampered the effectivenes...

9 CFR 205.211 - Applicability of court decisions under the UCC.

Science.gov (United States)

2010-01-01

... OF FARM PRODUCTS Interpretive Opinions § 205.211 Applicability of court decisions under the UCC. (a) Court decisions under the Uniform Commercial Code (UCC), about the scope of the “farm products... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Applicability of court decisions under...

Sources of International Courts' Legitimacy: A comparative study

DEFF Research Database (Denmark)

Godzimirska, Zuzanna; Creamer, Cosette

Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine the reas......Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine...... of supply-side factors— the features, roles and practices of a court—in assessing its legitimacy, we argue that demand-side factors—namely the characteristics of the evaluating state—also largely determine the sources of an IC’s legitimacy. To support and illustrate this argument, we examine statements...... of members on the operation of three ICs with different institutional designs and roles: the International Court of Justice, the International Criminal Court, and the Appellate Body of the World Trade Organization. We employ supervised learning methods of text classification to identify statements...

Legal positions of the Constitutional Court of Ukraine: main signs and definition

Directory of Open Access Journals (Sweden)

Romana Reva

2016-04-01

Full Text Available The practice of a single body of constitutional jurisdiction indicates on the necessity of a certain number of amendments to the current Law of Ukraine “On the Constitutional Court of Ukraine”. It is impossible to achieve the quality regulation of these issues without a thorough scientific analysis of basic features of the legal positions of the Constitutional Court of Ukraine. The purpose of the article is to analyze the legal positions of the Constitutional Court of Ukraine and scientific views on their signs, to identify and describe the main features of the legal positions of the Constitutional Court of Ukraine. There are the conclusions made that an important step in any legal position research is the establishment of the legal nature. The article discusses different scientific views on the basic features of the legal positions of the Constitutional Court of Ukraine. On the basis of the analysis of acts of the Constitutional Court of Ukraine and scientific works, there are defined, in particular, the following main features of the legal positions of the Constitutional Court of Ukraine: they are the result of interpretation and represent the most generalized, concentrated expression of the Constitutional Court of Ukraine understanding of the provisions of the Constitution of Ukraine, laws and/ or other regulations, which are carried out within the jurisdiction of the Constitutional Court of Ukraine; they are the basis for the final decision, which is set in the act of the Constitutional Court of Ukraine; they appear in the reasoning and/ or the operative parts of the decisions and conclusions and some rulings; they have a special legal force; they are obligatory, that are binding throughout the territory of Ukraine for all public authorities, local governments, enterprises, institutions and organizations, officials, citizens and their associations; suitable for further repeated use in solving similar cases; as opposed to the decisions of

Rights and obligations of communal enterprises under Polish administrative law

International Nuclear Information System (INIS)

Filipek, J.

1992-01-01

The paper elucidates the legal environment in which Polish power producing and distributing enterprises operate. In particular, the different forms of communal enterprises are described: public owned companies; public owned companies serving ''higher purposes''; communal enterprises operating on the strength of special laws; forms of organization subject to private law. Over the long term the rules in the sphere of the communal economy can be simplified. As the administrative judiciary develops, comprehensive administrative surveillance will become superfluous. The communal enterprises render their services to the citizen. The legal remedies at the citizen's disposal are the administrative complaint and the appeal to the administrative courts. (orig./HSCH) [de

The Role of Parents and Parental Mediation on 0-3-Year Olds' Digital Play with Smart Devices: Estonian Parents' Attitudes and Practices

Science.gov (United States)

Nevski, Elyna; Siibak, Andra

2016-01-01

In this manuscript, we analyse the attitudes and practices of Estonian parents (N = 198) who allowed their 0-3-year olds to use smart devices. We aimed to discover if there was an interaction between parental use of smart technologies, parents' attitudes and the child's age that would predict young children's usage of smart devices. We also wanted…

IsTeen Court effective for repeat offenders? A test of the restorative justice approach.

Science.gov (United States)

Forgays, Deborah Kirby; DeMilio, Lisa

2005-02-01

Teen Courts are an effective judicial alternative for many youth offenders. The majority of youth courts deal solely with first-time offenders. However, repeat offenders are at a greater risk for future crime. Is Teen Court effective with more experienced offenders? In this study, the authors examine the outcomes of 26 Whatcom County Teen Court offenders with at least one prior conviction. The sentence completion rate was higher and the recidivism was lower for the Teen Court offenders when compared with a sample of first-time Court Diversion offenders. This objective evidence of program success is augmented by an offender's perspective on his or her court experience. These perspectives as well as the continued voluntary involvement with Teen Court are discussed in relation to empowerment theory.

Punishing Genocide: A Comparative Empirical Analysis of Sentencing Laws and Practices at the International Criminal Tribunal for Rwanda (ICTR, Rwandan Domestic Courts, and Gacaca Courts

Directory of Open Access Journals (Sweden)

Barbora Hola

2016-12-01

Full Text Available This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda. With over one million people facing trial, Rwanda constitutes the world’s most comprehensive case of criminal accountability after genocide and presents an important case study of punishing genocide. Criminal courts at three different levels— international, domestic, and local—sought justice in the aftermath of the violence. In order to compare punishment at each level, we analyze an unprecedented database of sentences given by the ICTR, the Rwandan domestic courts, and Rwanda’s Gacaca courts. The analysis demonstrates that sentencing varied across the three levels—ranging from limited time in prison to death sentences. We likewise find that sentencing at the domestic courts appears to have been comparatively more serious than sentencing at the ICTR and at the Gacaca courts, which calls into question consistency of sentences across levels of justice and should be explored in future research.

Grounds for the Specialization of Courts and Judges in Russia

Directory of Open Access Journals (Sweden)

Lydia Terekhova

2014-01-01

Full Text Available This article touches upon the different ways of specialization of courts and judges that exist under the legislation of the Russian Federation. The lack of a unified and circumspect approach is noted. The formation of specialized courts, according to the national legislation, takes the form of their establishing within the existing subsystems of regular and arbitration courts. As for the specialization of judges, it is more diversified and is presented by either creation of separate types of procedure (special proceedings, proceedings on cases arising from public relations and some other, or by introduction of special rules on jurisdiction that establish competence of specific courts to consider cases of a particular category: on the compensation for the excessive time taken to consider a case, on the adoption of a child by a foreign national and others.An analysis of existing literature on the issue in question shows that Russian scholars support the idea of judges’ specialization. Against specialization of courts the following arguments are brought: significant material costs, not being in accordance with the small number of cases decided by specialized courts; problems with access to justice; and the necessity to give special training to narrowly specialized judges.

The courts in Renaissance Italy

Directory of Open Access Journals (Sweden)

Beatrice Del Bo

2011-09-01

Full Text Available This review article offers a brief introduction to the issue of the courts in Renaissance Italy along with a selective description of bibliographic sources and electronic resources.

legal pluralism, sharia courts, and constitutional issues in ethiopia

African Journals Online (AJOL)

eliasn

of sharia courts. These laws include the Proclamation to Consolidate Federal. Courts of ... This is found in the statement of the Prophet: 'leave the ...... some support (which may be financial or enforcement).81 To this end, the state may, as in ...

The European Court of Human Rights, Secular Education and Public Schooling

Science.gov (United States)

Arthur, James; Holdsworth, Michael

2012-01-01

Since 9/11 the European Court of Human Rights (the European Court) has raised anew the question of the relationship between religion and public education. In its reasoning, the European Court has had to consider competing normative accounts of the secular, either to accept or deny claims to religious liberty within Europe's public education…

CONFLICT BETWEEN LEGAL OPINIONS OF ECHR AND NATIONAL CONSTITUTIONAL COURTS

Directory of Open Access Journals (Sweden)

Yuliya Nadtochey

2017-01-01

Full Text Available The object of research is a relationship between ECHR and constitutional courts in various jurisdictions.The main aim of this article is to research the conflict between opinions of ECHR and national Constitutional courts, and also to find the root of this conflict.The methodology of this research consists of universal methods (such as analysis, synthesis, comparison and jurisprudence-specific methods.In the course of research, the author used various theoretical sources, ECHR case-law and decisions of various national Constitutional Courts.Results. At this point of time, there are many theories that try to explain the relationship between international and national law. But their functioning can be observed only in practice. Many jurisdictions adhere to the concept of Dualism.National Constitutional courts may perceive legal opinions in two different ways: adhere to the legal opinion of ECHR or reach a different conclusion, different to that of ECHR.Because national Constitutional courts and ECHR employ different systems for establishing whether rights of the claimant were violated or not, courts may give more weight to the different factors.In the article, the author focuses attention on such reason of the conflict as justification for limitation of one's rights.Conclusions. Conflict of legal opinions of ECHR and national Constitutional courts is of axiological nature. Conflict per se does not imply that a given national government decided to breach its international obligations. Because of subsidiary nature of ECHR protection, conflicts is rather an exception that could be dealt with than a rule.

NOTES ON ADMINISTRATIVE LAW: Introduction 1. Administrative ...

African Journals Online (AJOL)

eliasn

Independent agencies have also been created to regulate certain ... executive. In the political history of France there were events when courts ... ordinary courts also have a longstanding exclusive jurisdiction in the protection of personal ...

Legal remedies in the proceedings before the Court of Justice of the European Union

Directory of Open Access Journals (Sweden)

Radivojević Zoran

2014-01-01

Full Text Available Legal remedies applied in the proceedings before the Court of Justice of the European Union have some distinctive features as compared to the legal remedies used in the national judicial systems. At first, the communitarian justice system originally did not envisage the possibility of filing an appeal with this Court as a regular legal remedy but there were other remedies that could be pursued in respect of the judgments issued by the Court. After the establishment of the Court of First Instance, the Procedural Law of the European Union introduced the possibility of filing an appeal with the Court of Justice against the judgments of the Court of First Instance. Later, the Court of First Instance became competent to decide on appeals against the judgments rendered by the judicial panels, which were established in the meantime. The Court of First Instance and judicial panels reserved the possibility of using other legal remedies against the final decisions rendered by these judicial authorities. In this respect, the Lisbon Treaty did not bring any significant changes, except that the Court of First Instance was renamed into the General Court whereas the judicial panels were designated as specialized courts. Taking into account the system of legal remedies recognized by the Procedural Law of the European Union, the first part of the paper deals with appeals as a regular legal instrument for bringing the case before a higher instance court which is to review the judgment of a lower instance court, including appeals against the decisions of the General Court and specialized courts. In the second part of the paper, the authors focus on the legal remedies which are awarded by the same court that issued the judgment. This category includes the application of a third party and revision, which may be considered as extraordinary legal remedies, as well as the objection against the judgment by default, judgment interpretation, judgment rectification and

The Supreme Court's Role in Defining the Jurisdiction of Military Courts: A Study and Proposal

National Research Council Canada - National Science Library

Baldrate, Brian C

2005-01-01

.... Rather than creating a consistent precedent, the Court's decisions have led to arbitrary results and an increased uncertainty about whether the military commissions at Guantanamo Bay, Cuba, are constitutional...

Treatment as Part of Drug Court: The Impact on Graduation Rates

Science.gov (United States)

Taxman, Faye S.; Bouffard, Jeffrey A.

2005-01-01

Drug treatment is one of the critical components of drug court programming, yet it has not been thoroughly studied in the drug court literature. Very little is understood about the nature of drug treatment services provided in the drug court setting. The purpose of this study was to examine the effects of selected treatment variables on drug court…

Finding Vredo: the Dutch Supreme Court decision on escitalopram

NARCIS (Netherlands)

Tsoutsanis, A.

2014-01-01

This article is about the pharma patent litigation sparked by Lundbeck's blockbuster drug for escitalopram. The article focuses on the trials and tribulations before the Dutch Patent Court of Appeal and the Supreme Court, while also briefly contrasting and comparing this with the decisions in

The treatment of lexical collocations in EFL coursebooks in the Estonian secondary school context

Directory of Open Access Journals (Sweden)

Liina Vassiljev

2015-04-01

Full Text Available The article investigates lexical collocations encountered in English as a Foreign Language (EFL instruction in Estonian upper secondary schools. This is achieved through a statistical analysis of collocations featuring in three coursebooks where the collocations found are analysed in terms of their type, frequency and usefulness index by studying them through an online language corpus (Collins Wordbanks Online. The coursebooks are systematically compared and contrasted relying upon the data gathered. The results of the study reveal that the frequency and range of lexical collocations in a language corpus have not been regarded as an essential criterion for their selection and practice by any of the coursebook authors under discussion.

Reviewing the National Courts in Creating Orderly International Law and Community

Directory of Open Access Journals (Sweden)

Johanis Leatemia

2017-08-01

Full Text Available Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.

Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts().

Science.gov (United States)

Portillo, Shannon; Rudes, Danielle; Viglione, Jill; Nelson, Matthew; Taxman, Faye

2013-01-01

In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the stars front-stage, but play a more supporting role backstage. We use Goffman's front-stage-backstage framework to analyze 350 hours of ethnographic fieldwork within five problem-solving courts. Problem-solving courts are collaborative organizations with shifting leadership, based on forum. Understanding how the roles of courtroom workgroup actors adapt under the new court model is foundational for effective implementation of these justice processes.

USTC & TBA Guidelines for Tennis Court & Running Track Construction.

Science.gov (United States)

United States Tennis Court & Track Builders Association.

Guidelines are presented on tennis court and track and field construction that reflect the latest developments in construction technology, methodology, and practice. Based on contributions from experienced certified tennis court and track builders, material suppliers and design professionals, this manual examines each of the critical areas of…

Abused and Neglected Children in Court: Knowledge and Attitudes

Science.gov (United States)

Block, Stephanie D.; Oran, Howard; Oran, Diane; Baumrind, Nikki; Goodman, Gail S.

2010-01-01

Objective: After maltreated children are taken into protective custody, dependency courts determine the children's placements. Many, if not most, maltreated children never attend their dependency court hearings. We had the rare opportunity to interview children in a jurisdiction where children regularly attend their detention hearings in…

16 CFR 1.62 - Ancillary court orders pending review.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Ancillary court orders pending review. 1.62 Section 1.62 Commercial Practices FEDERAL TRADE COMMISSION ORGANIZATION, PROCEDURES AND RULES OF PRACTICE GENERAL PROCEDURES Injunctive and Condemnation Proceedings § 1.62 Ancillary court orders pending review...

Occupational violence in pregnant women in Brazil: a sample of cases in the Labor Court.

Science.gov (United States)

Turatti, Bárbara de Oliveira; Moretti-Pires, Rodrigo Otávio

2017-07-27

Brazilian women are still a recurring target of discrimination in the workplace, facing violence related to gender relations and moral harassment, especially when they are pregnant. When the worker perceives discriminatory acts and attitudes or any violation of the rights guaranteed by law, she may appeal to the Labor Court to initiate legal action. This in turn exposes the worker to a number of issues, such as workplace persecution and future dismissal. The rights of pregnant women to temporary stability, free time for medical examinations, change of duties and maternity leave contrast with the usurpation of the administration's workforce. The rights of pregnant women to temporary stability, free time for medical examinations, change of duties and maternity leave contrast with the growing power of labor administration.

The Problem of Emergency in the American Supreme Court

DEFF Research Database (Denmark)

Ugilt, Rasmus; Hartz, Emily

2011-01-01

Sixty years before Carl Schmitt wrote his Political Theology, and more than a 100 years before President Bush announced a ‘war on terrorism’ the American Supreme Court grappled with the difficult issue of emergency powers in connection with issues arising out of the American Civil War (1861......–1865). The question confronting the Court in a set of cases named the Prize Cases was whether President Lincoln’s decision to respond to acts of aggression by the secessionist Southern states with measures of war was lawful. The legal problem was that Lincoln had made this decision unilaterally although the American...... Constitution specifically allocates the power to declare war to Congress. The Court solved the dilemma by arguing that in cases where no war has been declared, the decision whether the country is in a state of war is ultimately ‘a question to be decided by him [the President], and [the Supreme] Court must...

Good Faith in Life Insurance Contract by Indonesian Court

Directory of Open Access Journals (Sweden)

Mokhamad Khoirul Huda

2017-03-01

Full Text Available This paper reviews both the interpretation of good faith and its implementation by the Court in terms of life insurance contracts. The principle of good faith in life insurance contracts was under the provision of the Article 251 Wet Boek van Kophandel which assigned the obligation of good faith on the insured. Based on the context of its historical and systematical interpretation, the obligation of good faith should be on both sides, the insurer and the insured. The insured had an obligation to inform any material facts and the insurer had to investigate those all facts. Until recent days, however, judges in all levels of Court did not have any shared and full understanding on the interpretation of good faith in life insurance contracts. As the result, many Courts were frequently inconsistent with each other. Hence, the sense of fairness the people perceived from the court verdict was not achieved.

Adaptive Interventions in Drug Court: A Pilot Experiment

Science.gov (United States)

Marlowe, Douglas B.; Festinger, David S.; Arabia, Patricia L.; Dugosh, Karen L.; Benasutti, Kathleen M.; Croft, Jason R.; McKay, James R.

2009-01-01

This pilot study (N = 30) experimentally examined the effects of an adaptive intervention in an adult misdemeanor drug court. The adaptive algorithm adjusted the frequency of judicial status hearings and clinical case-management sessions according to pre-specified criteria in response to participants' ongoing performance in the program. Results revealed the adaptive algorithm was acceptable to both clients and staff, feasible to implement with greater than 85% fidelity, and showed promise for eliciting clinically meaningful improvements in drug abstinence and graduation rates. Estimated effect sizes ranged from 0.40 to 0.60 across various dependent measures. Compared to drug court as-usual, participants in the adaptive condition were more likely to receive responses from the drug court team for inadequate performance in the program and received those responses after a substantially shorter period of time. This suggests the adaptive algorithm may have more readily focused the drug court team's attention on poorly-performing individuals, thus allowing the team to “nip problems in the bud” before they developed too fully. These preliminary data justify additional research evaluating the effects of the adaptive algorithm in a fully powered experimental trial. PMID:19724664

Compensation in Indian courts: Appropriate for environmental catastrophies

International Nuclear Information System (INIS)

Bongaerts, J.C.; Heinrichs, D.

1985-01-01

Suppose Indian courts would have had to deal with claims for compensation by victims and their relatives after the December 3, 1984 tragedy at Bhopal. Indian jurisprudence has no experience with claims for compensation with respect to damages following environmental catastrophes. For that reason no empirical investigation of the decision making by courts is possible. We may however gain some insight in the way courts would operate by looking into related cases. Automobile accidents may eventually constitute such a substitute set of cases, since they usually stem from a catastrophic concurrence of circumstances. Using a data set comprising some 140 cases from the Indian jurisprudence we empirically investigated the courts' decision making. For that purpose a model of decision making was set up and tested econometrically. We found a strong tendency to systematic behaviour and a strict adherence to the principles of Common Law. We also found that judges consider the cultural setting of their country, since they incorporate convictions on the duties of parents towards children. Finally, as expected, the occurrence of death and the degree of injury have a highly statistically different impact upon the amount of compensation. (orig./PW) [de

The influence of tennis court surfaces on player perceptions and biomechanical response.

Science.gov (United States)

Starbuck, Chelsea; Damm, Loïc; Clarke, James; Carré, Matt; Capel-Davis, Jamie; Miller, Stuart; Stiles, Victoria; Dixon, Sharon

2016-09-01

This study aimed to examine player perceptions and biomechanical responses to tennis surfaces and to evaluate the influence of prior clay court experience. Two groups with different clay experiences (experience group, n = 5 and low-experience group, n = 5) performed a 180° turning movement. Three-dimensional ankle and knee movements (50 Hz), plantar pressure of the turning step (100 Hz) and perception data (visual analogue scale questionnaire) were collected for two tennis courts (acrylic and clay). Greater initial knee flexion (acrylic 20. 8 ± 11.2° and clay 32.5 ± 9.4°) and a more upright position were reported on the clay compared to the acrylic court (P < 0.05). This suggests adaptations to increase player stability on clay. Greater hallux pressures and lower midfoot pressures were observed on the clay court, allowing for sliding whilst providing grip at the forefoot. Players with prior clay court experience exhibited later peak knee flexion compared to those with low experience. All participants perceived the differences in surface properties between courts and thus responded appropriately to these differences. The level of previous clay court experience did not influence players' perceptions of the surfaces; however, those with greater clay court experience may reduce injury risk as a result of reduced loading through later peak knee flexion.

Smells Like Teen Spirit: Evaluating a Midwestern Teen Court

Science.gov (United States)

Norris, Michael; Twill, Sarah; Kim, Chigon

2011-01-01

Teen courts have grown rapidly in the United States despite little evidence of their effectiveness. A survival analysis of 635 teen court and 186 regular diversion participants showed no significant differences in recidivism, although program completers were half as likely to reoffend as noncompleters. Older offenders survived significantly better…

Choice of Court Clauses and Lis Pendens under Brussels I Regulation

Directory of Open Access Journals (Sweden)

Ekaterina Ivanova

2010-08-01

Full Text Available The principle of party autonomy, known not only in the common law legal system but also in the civil law system, provides parties contracting in civil and commercial matters with the right to establish their own rules, as long as these rules do not contradict mandatory law. This right is presumed to be protected by the force of law. It follows, that when a choice of court clause is included in the contract, disputes are supposed to be solved by the court chosen by the parties.This principle is not compromised by the Brussels I Regulation (or previously, the Brussels Convention. Moreover, it is repeated in its Articles 1 and 23. At the same time, the rule of lis pendens, provided for by its Article 27, aims to preclude subsequent actions in other Member States if a court is already seized and allows the appearance 'on the legal scene' of a court other than the court chosen by the parties. And the lis pendens rule prescribes the latter to stay proceedings until the court not chosen, but first seized, examines and declines its jurisdiction.

Choice of Court Clauses and Lis Pendens under Brussels I Regulation

Directory of Open Access Journals (Sweden)

Ekaterina Ivanova

2010-08-01

Full Text Available The principle of party autonomy, known not only in the common law legal system but also in the civil law system, provides parties contracting in civil and commercial matters with the right to establish their own rules, as long as these rules do not contradict mandatory law. This right is presumed to be protected by the force of law. It follows, that when a choice of court clause is included in the contract, disputes are supposed to be solved by the court chosen by the parties. This principle is not compromised by the Brussels I Regulation (or previously, the Brussels Convention. Moreover, it is repeated in its Articles 1 and 23. At the same time, the rule of lis pendens, provided for by its Article 27, aims to preclude subsequent actions in other Member States if a court is already seized and allows the appearance 'on the legal scene' of a court other than the court chosen by the parties. And the lis pendens rule prescribes the latter to stay proceedings until the court not chosen, but first seized, examines and declines its jurisdiction.

Interpretative decisions in the practice of the Constitutional Court of Serbia

Directory of Open Access Journals (Sweden)

Rajić Nataša

2014-01-01

Full Text Available The relationship between the Constitutional Court and Parliament is marked by envolving process. The desired balance between these two state bodies was gradually disturbed by the Constitutional Court. Consequently, the substrate of the constitutional function originally designed as a function of 'negative legislator' is also changed in that process. Interpretative decision is one of the model of the activity of the Constitutional Court which makes questionable the position of the Parliament as a state body which regulates social relations in original form. Interpretative decision is an specific form of rejected decisions that contains binding instruction regading the interpretation of the norm, as a condition. This interpretation is given by Constitutional Court in order to make the norm in accordance with the Constitution. By the analysis of the practice of the Constitutional Court of Serbia, the paper has a task to determine wheter, to what extend and in what form the interpretative decisions occur in the work of the Court as well as to determine is there a clear constitutional base for establishing the jurisdiction of their adoption in our legal system.

Assisted suicide and assisted voluntary euthanasia: Stransham-Ford High Court case overruled by the Appeal Court - but the door is left open.

Science.gov (United States)

McQuoid-Mason, David J

2017-04-25

Whether persons wishing to have doctor-assisted suicide or voluntary active euthanasia may make a court application based on their rights in the Constitution has not been answered by the Appeal Court. Therefore, if Parliament does not intervene beforehand, such applications can be made - provided the applicants have legal standing, full arguments are presented regarding local and foreign law, and the application evidence is comprehensive and accurate. The Appeal Court indicated that the question should be answered by Parliament because 'issues engaging profound moral questions beyond the remit of judges to determine, should be decided by the representatives of the people of the country as a whole'. However, the Government has not implemented any recommendations on doctor-assisted suicide and voluntary active euthanasia made by the South African Law Commission 20 years ago. The courts may still develop the law on doctor-assisted death, which may take into account developments in medical practice. Furthermore, 'the possibility of a special defence for medical practitioners or carers would arise and have to be explored'.

Scope of Negotiability: Index of Recent Case Law and Administrative Rulings.

Science.gov (United States)

Jones, Thomas Neil

This listing presents court decisions and administrative rulings from the 1970s concerning the topics that are negotiable in bargaining between teachers, as public employees, and school boards, as public employers. The topics are grouped into 14 major areas: budget considerations; contracts; direct compensation; discipline; evaluation; hiring,…

Vitality of the Estonian forests (results of the inventory and research)

International Nuclear Information System (INIS)

Karoles, K.

1991-01-01

Factors affecting Estonian forests are: The environmental, specially atmospheric pollution, - the foundation of new forests as monoculture on unsuitable locations, - mechanical damages by unsuitable forest machinery, - unfavourable water conditions, - Heterobasidion or Armillaria rot roots. Local damages in consequence of air pollutants are distributed in environments of Tallinn, Kivioli, Kohtla-Jaerve and the thermal power stations (Narva), where the SO 2 -content in the air is on the average higher than 50 (80) μg/m 3 . Pine forests on dry sand soils (600 ha damaged in 1989) and the older spruce forests show the new type of forest decline. High Al-ion concentration, disturbances of the Ca-Mg-metabolism, an extreme nutrient deficit, (specially N-deficit) and periodical water deficit as well as pathogenic fungi are damaging the trees. Spruces show nonspecific defoliation, needle necrosis, needlefall, occurence of fungal diseases. More damaged are the spruce forests in regions with basic precipitations and high sulphur-deposition. (orig./UWA) [de

Gender differences in factors associated with sexual intercourse among Estonian adolescents.

Science.gov (United States)

Part, Kai; Rahu, Kaja; Rahu, Mati; Karro, Helle

2011-06-01

To examine factors associated with early sexual intercourse among 15 to 16-year-old adolescents by gender. The data were collected from a random sample of Estonian basic schools' ninth grade pupils in 1999 using self-completed questionnaires. A multivariate logistic regression analysis for boys and girls was used to test for associations between sexual intercourse, and personal gender role-related attitudes, attitudes towards sexual intercourse, pubertal timing, smoking status and experience of drunkenness. Of the respondents, 14.6% of boys and 13.1% of girls had experienced sexual intercourse. Traditional gender role-related attitudes were associated with sexual intercourse among girls, but not among boys. Smoking and experience of drunkenness was strongly associated with sexual intercourse for both genders. Gender differences in the association between gender role-related attitudes and early sexual intercourse were observed among 15 to 16-year-olds in Estonia. Smoking and experience of drunkenness were strongly related to sexual intercourse for both genders.

Japan’s Supreme Court Discourse and Lifetime Employment

DEFF Research Database (Denmark)

Tackney, Charles T.; Sato, Toyoko

to employee participation in managerial prerogative. The comparative social policy aim is to examine and account for observed employment relations variance in the U.S. and Japan, given their similar labor legislation. Japan’s Supreme Court recognizes lifetime employment as an institutionalized practice and we......Our study explores cultural cognition in comparative U.S. – Japan employment relations through interdisciplinary analysis of Japanese Supreme Court regulation of the post-World War II lifetime employment system and the latest data available on Japan's collective bargaining-based approach...... on the Court's discourse. Causally related to this recognition, management councils (a form of employee participation in managerial prerogative) are also a defining feature of Japanese employment relations at the enterprise level. Despite unionization rate declines in both nations, the persistence of Japan...

Court Appointed Volunteers for Abused and Neglected Children.

Science.gov (United States)

Justin, Renate G.

2002-02-01

A court appointed special advocate (CASA) volunteer is a trained citizen who is appointed by a judge to represent the best interests of an abused and neglected child in court. An independent voice, the volunteer gathers information and reports to the court. The CASA volunteer works in close cooperation with other professionals, physicians, lawyers, social workers, and teachers to find the most suitable permanent placement for a victimized child, whether it be a foster home, parental home, or adoptive home. Another function for CASA volunteers is to be supportive to the child during a time of uncertainty in his or her life and to help the youngster adjust to new and changing situations; the CASA volunteer may be the only consistent adult presence during this difficult period of transition.

Considerations about an administrative ''margin of prognosis''

International Nuclear Information System (INIS)

Tettinger, P.J.

1982-01-01

The investigation is concerned with the limitations of certain judicial concepts, and the descretion of the appropriate administrative authorities to interpret them, especially in the area of necessary precautionary measures with regard to nuclear power plants safety. Thereby the question arises, whether by interpreting undefined judicial concepts (such as ''the status of science and technology'', e.g. section 1 sub-section 2, number 3 of the Atomic Energy Law), administrative authorities should be given a flexible margin of judgement which could not be examined, by the administrative courts, especially in view of risk analysis and risk assessments. Diverging opinions in legal literature and the administration of justice will be presented and critically analyzed. The author argues for an integral administrative procedure. Controlling the licensing of nuclear power plants, which - if need be - should only be limited by a ''plausibility control'' in cases where several security-safety related technical solutions appear acceptable. (WBI) [de

22 CFR 19.6 - Court orders and divorce decrees.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Court orders and divorce decrees. 19.6 Section 19.6 Foreign Relations DEPARTMENT OF STATE PERSONNEL BENEFITS FOR SPOUSES AND FORMER SPOUSES OF PARTICIPANTS IN THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM § 19.6 Court orders and divorce decrees. ...

8 CFR 337.8 - Oath administered by the courts.

Science.gov (United States)

2010-01-01

... Form N-646, that the applicant has been determined by the Attorney General to be eligible for admission... ALLEGIANCE § 337.8 Oath administered by the courts. (a) Notification of election. An applicant for... election to have the oath of allegiance administered in an appropriate court having jurisdiction over the...

19 CFR 176.11 - Transmission of records to Court of International Trade.

Science.gov (United States)

2010-04-01

... SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE Transmission of Records § 176.11 Transmission of records to Court of International Trade. Upon receipt of service of a summons in an action initiated in the Court of International Trade the following items shall...

MODELLING DICLOFENAC AND IBUPROFEN RESIDUES IN MAJOR ESTONIAN SEASIDE CITIES

Directory of Open Access Journals (Sweden)

Erki Lember

2016-06-01

Full Text Available A theoretical model was developed to model the fate of two common pharmaceutical residues: diclofenac and ibuprofen in eight Estonian seaside cities that discharge their wastewaters directly into the Baltic Sea. The consumption rates of the active ingredients of diclofenac and ibuprofen from 2006-2014 were analysed. A decrease of 19.9% for diclofenac consumption and an increase of 14.1% for ibuprofen were found. The fate of diclofenac and ibuprofen were modelled by considering the human metabolism removal rate for pharmaceuticals, the removal rate of diclofenac and ibuprofen in activated sludge wastewater treatment plants (WWTP and annual flow rates. An average decrease from 1 to 0.8 µg/l (decrease of 20% for diclofenac and an increase from 11.4 to 13.4 µg/l (increase of 14.9% for ibuprofen for the concentration in the effluents of the WWTP were modelled. The model gives us a good overview about the theoretical concentrations of pharmaceutical residues in the environment and is helpful for evaluating environmental impacts.

Determination of Heating Value of Estonian Oil Shale by Laser-Induced Breakdown Spectroscopy

Directory of Open Access Journals (Sweden)

M. Aints

2018-01-01

Full Text Available The laser-induced breakdown spectroscopy (LIBS combined with multivariate regression analysis of measured data were utilised for determination of the heating value and the chemical composition of pellets made from Estonian oil shale samples with different heating values. The study is the first where the oil shale heating value is determined on the basis of LIBS spectra. The method for selecting the optimal number of spectral lines for ordinary multivariate least squares regression model is presented. The correlation coefficient between the heating value predicted by the regression model, and that measured by calorimetric bomb, was R2=0.98. The standard deviation of prediction was 0.24 MJ/kg. Concentrations of oil shale components predicted by the regression model were compared with those measured by ordinary methods.

Unanimous Supreme Court finds for actions by whistleblowers

International Nuclear Information System (INIS)

Norris, J.E.

1990-01-01

This article reports on a case before the United States Supreme Court where they have unanimously ruled that the Energy Reorganization Act of 1976 did not preclude a state law claim by an nuclear industry employee for intentional infliction of emotional distress. In addition the court held that federal law did not reflect a congressional desire to preclude all relief to a whistleblower who deliberately committed a safety violation

Parent Group Training Programs in Juvenile Courts: A National Survey

Science.gov (United States)

Windell, James O.; Windell, Ellen A.

1977-01-01

This survey of juvenile courts across the country indicates that only one of five courts have a parent group program and few use procedures reported in the growing literature relating to changing the behavior of agressive children. (Author)

Corporate Governance from the Perspective of Stakeholder Theory and in Light of Perceptions among Estonian Owners and Managers of Relations with Stakeholders / Mari Kooskora

Index Scriptorium Estoniae

Kooskora, Mari, 1969-

2006-01-01

Äriühingute valitsemise kontseptsioon ja teoreetiline taust; Eesti omanike ja tippjuhtide ootused suhetes erinevate huvigruppidega ning äriühingute valitsemine huvigruppide teooriast lähtudes. Skeem: The stakeholder model. Tabelid: Contractual and community stakeholders; Overview of how perceptions of the main stakeholder groups among Estonian business leaders between 1995-2004 have changed

26 CFR 301.6503(b)-1 - Suspension of running of period of limitation; assets of taxpayer in control or custody of court.

Science.gov (United States)

2010-04-01

... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Suspension of running of period of limitation; assets of taxpayer in control or custody of court. 301.6503(b)-1 Section 301.6503(b)-1 Internal Revenue... ADMINISTRATION Limitations Limitations on Assessment and Collection § 301.6503(b)-1 Suspension of running of...

On appointment of Courts presidents - some open questions

Directory of Open Access Journals (Sweden)

Mijo Galiot

2014-01-01

Full Text Available In their paper, the authors analyse the legal position of the judiciary within the framework of the separation of powers in the Republic of Croatia, as well as the procedure of the election of the members and president, and the scope and manner of operation of the State Judiciary Council on a principal level. The authors especially deal with and analyse the 2010 constitutional changes and the State Judiciary Council Act from 2010 (SJCA, which introduced significant novelties in the appointment of presidents of courts in the normative and institutional sense as well as in practical applications. Separately, an integral historical overview is given of the appointment of presidents of courts from the gaining of Croatian independency until the SJCA became effective, as well as a comparative overview of the manner of appointment of presidents of courts in elected, related European legal systems. Moreover, the authors break down and analyse the procedures of the appointment of presidents of courts with a special reference to each phase. Here, special emphasis is given to the candidate valuation manner and criteria and the legal protection of candidates after the decision on appointment, both in the normative sense and in practice, all this accompanied by authors’ suggestions de lege ferenda.

Questions of legal responsibility for Srebrenica before the Dutch courts

NARCIS (Netherlands)

Spijkers, Otto

This contribution provides an overview of the litigation in the Dutch civil and criminal courts concerning the Srebrenica massacre. The author maps out the Dutch courts' divergent approaches to immunity of United Nations peacekeepers, state responsibility and individual criminal responsibility for

Improving Labour Courts in Mexico: The Case of Cuautitlan | IDRC ...

International Development Research Centre (IDRC) Digital Library (Canada)

In a case study of a large court in Cuautitlan in the State of Mexico, ... Research results are also expected to inform the operations of other Mexican courts, as well as ... in the fields of science, technology, engineering, and mathematics (STEM).

Change in medical plant use in Estonian ethnomedicine: a historical comparison between 1888 and 1994.

Science.gov (United States)

Sõukand, Renata; Kalle, Raivo

2011-05-17

The aim of this paper is to compare the changes in the utilization of species from various hemeroby categories (indicating the degree of sensitivity of the plant to human impact) using historical data concerning the years 1888-1994. The authors digitised 8808 handwritten reports, reflecting local ethnopharmacological knowledge from 8 selected collections from the Estonian Folklore Archives of the Estonian Literary Museum. They were semi-quantitatively analyzed according to the sensitivity to human impact of 540 taxa that could possibly be related to the plant vernacular names given in the reports. Although in different periods of time the number of ethnopharmacologically used plants has changed, the proportion of plants utilized from each group has remained relatively same, consisting on average of: 23% anthropophytes, 42% apophytes, 32% hemeradiaphores and 3% hemerophobes. Comparison of the application of the most used plants revealed considerable changes of plant utilization, in which the varied use of the most popular anthropophytes increased and the applied scope of the most popular hemeradiaphores and hemerophobes decreased almost by twofold in one century. Case studies on seven taxa are presented, of them, use of Allium sativum L., Aesculus hippocastanum L. and Mentha xpiperita L. increased, whereas the use of Hordeum L., Orchidaceae, Paris quadrifolia L. and Briza media L. decreased greatly. This research contributes to the better understanding of the cognitive and human ecological concepts underlying the use of medicinal plants in Estonia. Strong increase in the ethnomedical utilization of plants depending on human influence, and a decrease in the use of taxa that do not prefer human activities indicates that, despite some of the population still have access to natural resources and diverse knowledge of the medical use of plants, the majority relies on a very narrow selection and a rather restricted herbal landscape. Copyright © 2011 Elsevier Ireland Ltd

Court finds ambiguity in denial of off-label AIDS drug.

Science.gov (United States)

1998-03-06

A home intravenous drug therapy provider and an insurance company operated by the American Consulting Engineers Council have gone to court over disputed medical claims. An AIDS patient being treated with ganciclovir for CMV retinitis had a decrease in his white blood cell count, neutropenia, that endangered his life. The physicians prescribed neupogen, approved by the Food and Drug Administration (FDA) for cancer treatment, to counteract the neutropenia. The health care provider, I.V. Services of America, continued the neupogen treatment; the treatments were covered as an inpatient but denied after discharge. I.V. Services sued, alleging that the cause of the neutropenia should not bar coverage. The New York judge found in favor of the health care provider, calling the insurance company's position self serving and the denial of the claim arbitrary.

The Constitutional Court Adjudication and Its Implications for the Justice Seekers

OpenAIRE

Sutiyoso, Bambang

2008-01-01

The Constitutional Court adjudication, as the nature of a court decision, implies the rights that the justice seekers will appreciate. It is unfortunate, however, that the appeal procedures for those who dissatisfied with such adjudication has yet to be issued, and this may produce the disadvantages for the purpose of affording justice. For such reason, the amendment on Procedures of the Constitutional Court, particularly in the appeal procedures, is very much needed.

"PAY NOW, ARGUE LATER" RULE – BEFORE AND AFTER THE TAX ADMINISTRATION ACT

Directory of Open Access Journals (Sweden)

Carika Keulder

2013-12-01

Full Text Available The South African Revenue Service (SARS is entrusted with the duty of collecting tax on behalf of the South African government. In order to ensure effective and prompt collection of taxes, the payment of tax is not suspended pending an objection or an appeal, unless directed otherwise. This is also known as the "pay now, argue later" rule, and, for value-added tax purposes, is provided for in terms of section 36 of the Value-Added Tax Act 89 of 1991. The "pay now, argue later" rule in terms of section 36 of the Value-Added Tax Act prima facie infringes on a taxpayer's right of access to the courts as envisaged in section 34 of the Constitution. This is due to the fact that a taxpayer is obliged to pay tax before being afforded the opportunity to challenge the assessment in a court. In Metcash Trading Ltd v Commissioner for the South African Revenue Service, the Constitutional Court held the "pay now, argue later" rule in terms of section 36 to be constitutional. Olivier, however, does not agree with the court on several matters. Amongst the problems she indicates are that the taxpayer does not have access to the courts at the time the rule is invoked, and that the court did not consider the fact that there might be less invasive means available which would ensure that SARS's duty is balanced with the taxpayer's right of access to the courts. Guidelines were also issued which provide legal certainty regarding the factors SARS may consider in determining whether the payment of tax should be suspended or not. These guidelines also evoked some points of criticism. Since 1 October 2012, the "pay now, argue later" rule has been applied in terms of section 164 of the Tax Administration Act 28 of 2011. The question arises whether this provision addresses the problems identified in respect of section 36 of the Value-Added Tax Act and the guidelines. In comparing these sections, only slight differences emerged. The most significant difference is that

Assisted Reproduction and the Courts: The Case of California

Science.gov (United States)

Maule, Linda S.; Schmid, Karen

2006-01-01

In this article, the authors analyze appellate court cases heard in California between 1960 and 2000 that focus on the status of children conceived through reproductive technology in an effort to examine the role of the courts in defining parentage and family in the late 20th and early 21st centuries. In the absence of legislation, the primary…

28 ATTITUDE OF NIGERIAN COURTS TO THE ENFORCEMENT OF ...

African Journals Online (AJOL)

Fr. Ikenga

Both the 1958 Ordinance and the 1990 Act stipulate the time period within which a foreign judgment may be registered in Nigeria. Section 3(1) of the 1958 Ordinance provides that where a judgment has been obtained in the High Court in England or Ireland, or in the Court of Session in Scotland, the judgment creditor may ...

Assisted suicide and assisted voluntary euthanasia: Stransham-Ford High Court case overruled by the Appeal Court – but the door is left open

Directory of Open Access Journals (Sweden)

David J McQuoid-Mason

2017-05-01

Full Text Available Whether persons wishing to have doctor-assisted suicide or voluntary active euthanasia may make a court application based on their rights in the Constitution has not been answered by the Appeal Court. Therefore, if Parliament does not intervene beforehand, such applications can be made – provided the applicants have legal standing, full arguments are presented regarding local and foreign law, and the application evidence is comprehensive and accurate. The Appeal Court indicated that the question should be answered by Parliament because ‘issues engaging profound moral questions beyond the remit of judges to determine, should be decided by the representatives of the people of the country as a whole’. However, the Government has not implemented any recommendations on doctor-assisted suicide and voluntary active euthanasia made by the South African Law Commission 20 years ago. The courts may still develop the law on doctor-assisted death, which may take into account developments in medical practice. Furthermore, ‘the possibility of a special defence for medical practitioners or carers would arise and have to be explored’.

Implementation of quality assurance and quality control in the Nuclear Analytical Laboratory of the Estonian Radiation Protection Centre

International Nuclear Information System (INIS)

Koeoep, T.; Jakobson, E.

2002-01-01

The Analytical Laboratory of the Estonian Radiation Protection Centre is in the process of implementing the system of Quality Assurance (QA) and Quality Control (QC) in the framework of the IAEA TC Project RER/2/004/ 'QA/QC of Nuclear Analytical Techniques'. The draft Quality Manual with annexes has been prepared accordingly to the ISO 17025 Guide, documents and other printed material delivered on the seminars of the project. The laboratory supply has been supplemented with necessary equipment for guaranteeing of quality. Proficiency testing included in the project has been performed successfully. (author)

DISPARITY OF PUNISHMENT AT THE COURT OF THE CRIME OF CORRUPTION

Directory of Open Access Journals (Sweden)

Arifuddin -

2015-07-01

Full Text Available Research on the judge's ruling against the disparity of offender criminal acts of corruption as well as the factors that influence the occurrence of the judge's verdict, the disparity was held in the Court of a criminal offence, Corruption in the courts, the courts of Makassar Tipikor Tipikor Bandung, with this type of problem identification research perskriptif-shaped, with the descriptive nature of the use of legal normative approach. Primary data obtained through interviews with as many as 15 judges and prosecutors as well as 7 5 academics 3 advocates determination technique done with a sample of secondary data and sampling purporsiv acquired through the study of librarianship is analyzed then qualitatively.The research results showed that determination of the disparity, mistakes and condemnation to the perpetrator of the criminal offence of corruption in the courts, the courts of Makassar Tipikor Ti [ikor Jakarta and Bandung Tipikor Court as well as in the great Mahkama occurs because positive Indonesia corruption criminal law that gives broad freedom to determine fault and criminal type (strafsoort both weighs criminal ringannya or (strafmaat to the perpetrator of the criminal offence of corruption all not under the minimum standard of judgment and memlampaui the maximum punishment standards defined in legislation the eradication of criminal acts of corruption. Factors that cause the occurrence of an error or judgment determining the disparity to the perpetrator of the criminal offence of corruption in the courts, the courts of Makassar Tipikor Ti [ikor Jakarta and Bandung Tipikor Court as well as in legal substance Agungadalah Mahkama factor, which gives freedom to the judge in deciding guilt and punishment inflicted to the defendant, politics and power, because the perpetrator of the criminal offence of corruption involves many officials or former officials of the regional social stratification, which is strong in the Association

Court-Annexed Mediation Practice in Malaysia: What the Future Holds

Directory of Open Access Journals (Sweden)

Choong Yeow Choy

2017-03-01

Full Text Available It is an indubitable fact that the use of mediation as a form of dispute resolution process has gained traction across the globe. More importantly, the practice of mediation has also been transformed through the establishment of several techniques for formalised mediation. This article will provide insights into one of these avenues for formalised mediation, namely, court-annexed mediation practice in Malaysia. It will first discuss the motivations that led to the introduction of such a programme. This will be followed by an analysis of the operational aspects of the practice. A matter of utmost importance concerns the role of the courts and the judiciary in court-annexed mediation and this aspect is considered in considerable detail. This article will then offer suggestions on how some of the challenges that exist and are inherent in this particular method of formalised mediation could be overcome. These views are expressed with the hope that court-annexed mediation can function as an effective alternative dispute resolution mechanism under the umbrella of the Malaysian courts. Last but not least, it is also hoped that the above deliberations will be a catalyst for further comparative research and debates concerning this increasingly imperative form of formalised mediation process across all jurisdictions.

Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts1

Science.gov (United States)

Portillo, Shannon; Rudes, Danielle; Viglione, Jill; Nelson, Matthew; Taxman, Faye

2012-01-01

In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the stars front-stage, but play a more supporting role backstage. We use Goffman's front-stage-backstage framework to analyze 350 hours of ethnographic fieldwork within five problem-solving courts. Problem-solving courts are collaborative organizations with shifting leadership, based on forum. Understanding how the roles of courtroom workgroup actors adapt under the new court model is foundational for effective implementation of these justice processes. PMID:23397430

College Affirmative Action Faces Much Tougher Scrutiny in New Supreme Court Review

Science.gov (United States)

Schmidt, Peter

2012-01-01

The Supreme Court's members generally are too decorous to exclaim "I told you so." But U.S. Supreme Court Justice Anthony M. Kennedy stands perched on the edge of an I-told-you-so moment, thanks to the court's decision to take up a challenge to a race-conscious college-admission policy that poses some of the same questions he had accused…

Judicial Separation and Divorce in the Circuit Court

OpenAIRE

O'Shea, Roisin

2014-01-01

While family law is not a unique subject matter for research, it is however, a much neglected area. What sets this work apart, is the significant volume of cases observed and analysed in the Circuit Court, in all 8 Circuits. Information was extrapolated to definitively answer the questions, that to date have been informed by anecdotal conjecture. The effects of a deep recession during the court research period, October 2008 to February 2012, highlighted the serious failings of an ...

Рarticular criminalistic methods of court hearing in criminal proceedings: essence and goals

Directory of Open Access Journals (Sweden)

В. І. Алєксєйчук

2015-11-01

Full Text Available Problem setting. Understanding of criminalistic methods exceeded now the boundaries of traditional points of view - as a methods of crimes investigation. An attention is drawn to the fact that the process of proof in criminal proceedings is not completed with a pre-court investigation, on the contrary, it is being continued even more actively during the court hearing. In this regard a need for providing of subjects of court hearings of criminal cases (judges, prosecuting attorneys, defense lawyers with criminalistic methods is emphasized. At the same time the stated ideas have not been sufficiently developed in Ukrainian doctrine. Special papers devoted to particular criminalistic methods of court hearing of criminal cases are not present. This problem cannot be settled without preliminary solving of issues of more general theoretical meaning, especially, definition of essence and goals of particular criminalistic methods of court hearing in criminal proceedings. Recent research and publications analysis. Research of general-theoretical basic concepts of criminalistic methods was made by the domestic and foreign scientists (Yu. P. Alenin, O. Ya. Bayev, R. S. Byelkin, О. М. Vasylyev, І. О. Vozgrin, V. К. Gavlo, V. А. Zhuravel, А. V. Ishchenko, О. N. Kolesnichenko, V. V. Tishchenko, S. М. Churilov, А. V. Shmonin, B. V. Shchur, М. P. Yablokov and others. Issues of providing of criminalistic tools for court hearing in criminal proceedings are covered in the papers of the following scientists: L.Yu. Аrotsker, V. М. Bozrov, М. Y. Vilgushunsky, G. А. Vorobyov, V. К. Gavlo, S. L. Kyslenko, D. V. Kim, І. І. Kogutych, Yu. V. Korenevsky, О. Yu. Korchagin, S. P. Sukhov, О. О. Sychova, А. L. Tsypkin, Т. B. Chedzhemov, V. Yu. Shepitko and others. The authors of papers published in Ukraine in recent years, studying conceptual problems of providing with criminalistic methods of court proceeding in criminal process are: V.А. Zhuravel, �

Clinical factors associated with rape victims' ability to testify in court ...

African Journals Online (AJOL)

This can be emotionally ... Keywords: Rape victims; Court referral; Psycho-legal assessment; Ability to testify in court; .... specifically been assessed and no psychometric intelligence .... abilities and self-esteem become compromised and their.

PEMBATASAN HAK KASASI DAN KONSEKUENSI HUKUM BAGI PENCARI KEADILAN DALAM SISTEM PERADILAN TATA USAHA NEGARA DI INDONESIA / The Restriction of Cassation Right and the Consequence for Justice Seeker in Indonesian Administrative Justice System

Directory of Open Access Journals (Sweden)

Agus Budi Susilo

2016-07-01

There were appeal legal effort, cassation and judicial review on Administrative Court. After the Supreme Court Act article 45A paragraph (2 letter c was applied, it was determined that not all administrative settlement dispute can be filled to cassation legal effort. The setting restriction poses legal problems to justice seekers. This article aims to study the solution of cassation rights setting restrictions so that it can be mutual for administrative justice seekers. Based on the analysis that has been done it can be concluded that the regulation on Supreme Court Act article 45A paragraph (2 letter c Act number 5 2014 was not clear in procedures and substantive. Thus the setting restriction in cassation legal effort has to consider the aspect of quality and cases type.

How do defendants choose their trial court? Evidence for a heuristic processing account

Directory of Open Access Journals (Sweden)

Mandeep K. Dhami

2013-09-01

Full Text Available In jurisdictions with two or more tiers of criminal courts, some defendants can choose the type of trial court to be tried in. This may involve a trade-off between the probability of acquittal/conviction and the estimated severity of sentence if convicted. For instance, in England and Wales, the lower courts have a higher conviction rate but limited sentencing powers, whereas the higher courts have a higher acquittal rate but greater sentencing powers. We examined 255 offenders' choice of trial court type using a hypothetical scenario where innocence and guilt was manipulated. Participants' choices were better predicted by a lexicographic than utility maximization model. A greater proportion of ``guilty'' participants chose the lower court compared to their ``innocent'' counterparts, and estimated sentence length was more important to the former than latter group. The present findings provide further support for heuristic decision-making in the criminal justice domain, and have implications for legal policy-making.

Hardships of end-of-life care with court-appointed guardians.

Science.gov (United States)

Hastings, Kylie B

2014-02-01

In the United States, the court-appointed guardians do not have the ability to make decisions regarding end-of-life (EOL) care for their clients. Additionally, the process of initiating EOL care measures can be slow and cumbersome, despite an existing process of getting approval for such care. This process has the potential to prolong suffering and delay imperative decisions. This article reviews the hardships that patients, court-appointed guardians, and health care staff endure while moving through the oppressive process of obtaining EOL care orders through the court. This article also proposes ways of tuning up the laws, regulations, and communications to make it easier and faster to obtain orders regarding EOL care to preserve the dignity of our patients and loved ones. "A guardianship is a legal relationship created when a person or institution named in a will or assigned by the court to take care of minor children or incompetent adults."

Cross-Border Patent Disputes: Unified Patent Court or International Commercial Arbitration?

OpenAIRE

Alba Betancourt, Ana

2016-01-01

Currently, the enforcement of a patent that is registered in several countries involves the risk of getting different and conflicting decisions from the national courts. In 2013, 25 European countries entered in an agreement that aims to homogenise the patent system by creating the European patent with unitary effect and a Unified Patent Court (UPC). This article focuses on the UPC, which aims to have a single court proceeding for cross-border patent conflicts. Does the UPC system represent a...

THE GORONTALO RELIGIOUS COURT JUDGES RESPONSE TOWARD THEIR ABSOLUTE COMPETENCE IN RESOLVING SHARIAH ECONOMY DISPUTES

Directory of Open Access Journals (Sweden)

Andi Mardiana

2015-06-01

Full Text Available Post the first amendment of Religious Courts Bill that provides wider authority toward Religious Courts in investigate and decide Islamic economics disputes has responses, whether support or pessimistic, especially among Religious Court judges themselves. This paper examines the Gorontalo Religious Courts judges response about their authority in resolve Shariah economy disputes. This paper is a qualitative descriptive research and the data was collected using observation, interviews and document reviews. The finding of this study revealed that the Gorontalo Religious Courts judges response well to trust laws in handling disputes Shariah economy. In other words, in principle, they are ready to handle disputes Islamic economics. Readiness, such as: the handling disputes Shariah economy is Religious Courts judges authorities and it is a professional responsibility as a judge; Religious Courts formed a special judge to handle falling out or cases of Shariah economy, and Religious Courts judges provides knowledge of Shariah economy without trainings or workshops.

Insights to Building a Succesful E-filing Case Management Service: U.S. Federal Court Experience

Directory of Open Access Journals (Sweden)

J. Michael Greenwood

2012-06-01

Full Text Available The U.S. Federal Courts Case Management/Electronic Case Files (CM/ECF service is a very successful court automation system deployed throughout the country that integrated case management, electronic court case records and documents, and the electronic transmission and service of court records via the Internet. The authors briefly explain the history of automation development and indicators of success in these courts. The primary focus of the article is (a on what capabilities and functions should be integrated into any modern court electronic filing and case management service; and (b on insights as to key technical components, fundamental project guidelines, technical objectives, and non-technical principles and implementation techniques that were critical to achieving success. The ultimate CM/ECF goals that have been achieved are (1 that the entire U.S. federal court community (court, lawyers, government, public are comfortable in totally relying on this service, and (2 that CM/ECF is the official record eliminating the traditional paper record.

Women in Indian Courts of Law: A Study of Women Legal Professionals in the District Court of Lucknow, Uttar Pradesh, India

OpenAIRE

Mishra, Saurabh Kumar

2016-01-01

Men have traditionally dominated legal profession in India. Women’s entry could be possible only after long and protracted legal battles, and even then, their presence in the courts remained insignificant until the end of the twentieth century. However, the policy of globalisation in the twenty-first century has provided additional opportunities to Indian women in legal education and training. The invasion of modernity has not only moderated the court environment but has also put an end to th...

Multilingualism as a Principle of the EU Court of Justice

Directory of Open Access Journals (Sweden)

Karina Kh. Rekosh

2014-01-01

Full Text Available Since the jurisprudence reflects relations between the institutions, bodies and organizations of the EU and native speakers, the EU Court of Justice plays a huge role in shaping the legal discourse. Relations between the EU and citizens show the effectiveness of the principle of multilingualism, that is apparent before the Court. The enlargement of the Union to 28 member States and, accordingly, the increase of the number of official languages to 24 complicate the implementation of the principle of multilingualism and create many problems for the EU Court of Justice: legal, linguistic, budget, translation. All documents of the Court are not translated into 24 EU official languages completely and often limited to summaries. All documents are translated only into French and proceeding languages, for the scale of the translation work have a direct impact on the timing of legal proceedings. To provide help in written translations, much work is carried out in the Court on drawing up dictionaries, thesauri, where multilingualism is fully manifested. On the use of languages and language regime, There is an extensive legal practice, however, the term «multilingualism» is not used by the Court, despite the recognition of the principle of equality of all official languages, perhaps, due to the fact that the Court itself not always follows it. The article shows that multilingualism as a legal concept and principle opens up, sometimes adjacent to the already distinguished objects of regulation, new areas of legal research. Comparison of legal solutions to the problems of multilingualism in different states with a variety of languages, law and order, or in international organizations, lays basis of "comparative linguistic law" Now in the doctrine of law of the European Union neither the linguistic law, nor the comparative linguistic law do not exist, but to provide cooperation in the field of justice and mutual recognition of judicial decisions on the

Pragmatics in Court Interpreting: Additions

DEFF Research Database (Denmark)

Jacobsen, Bente

2003-01-01

Danish court interpreters are expected to follow ethical guidelines, which instruct them to deliver exact verbatim versions of source texts. However, this requirement often clashes with the reality of the interpreting situation in the courtroom. This paper presents and discusses the findings of a...

Intercultural pragmatics and court interpreting

DEFF Research Database (Denmark)

Jacobsen, Bente

2008-01-01

  This paper reports on an on-going investigation of conversational implicature in triadic speech events: Interpreter-mediated questionings in criminal proceedings in Danish district courts. The languages involved are Danish and English, and the mode of interpreting is the consecutive mode. The c...

Chernobyl is still haunting us. Radionuclides in Estonian mushrooms

International Nuclear Information System (INIS)

Martin, J.; Vilde, R.; Martin, L.; Aaspollu, J.; Tekko, S.

1993-01-01

The disaster that happened at the Chernobyl nuclear power station in 1986 caused a sharp rise in radioactive pollution over an extensive area in the region of the Baltic Sea. To estimate the distribution and the concentration of Cs-137 and Sr-90 in Estonian ecosystems, samples of mushrooms, mosses, lichens and the upper horizons of soil were gathered from 63 test sites during 1991. We were particularly interested in the amounts of radionuclides in mushrooms because these are used as food by people. Dangerously high radionuclide concentrations were found in mushrooms gathered in North-East Estonia. Heightened concentrations were registered here and there all over the territory of Estonia, especially in mushrooms gathered in Central and South-Western Estonia. The Cs-137 content in mushrooms depends on its content in other components of the ecosystems, first and foremost on the concentrations of radiocaesium in mosses and litter, which, therefore, can be used as indicators in prognostication the radioactive pollution of mushrooms in a certain region. As Cs-137 migrates between various ecosystem components, it is necessary to check the radioactivity of the forest products used for food for still a number of years to come. The Sr-90 level was low in all the ecosystem components examined. (author). 3 figs., 10 refs

Litigating Economic, Social and Cultural Rights against Transnational Corporations in Indonesian Court

Directory of Open Access Journals (Sweden)

Iman Prihandono

2017-12-01

Full Text Available States should take appropriate steps to ensure the effectiveness of domestic judicial mechanisms when addressing business-related human rights abuses. These steps may include ways to reduce legal, practical and other relevant barriers that could lead to a denial of access to remedy. To a certain degree, these problems exist in Indonesia’s judicial remedy mechanism. This article examines court decisions in five cases involving Transnational Corporations (TNCs. These decisions are examined to identify challenges and opportunities in bringing a case on ESC rights violations against TNCs. It is found that claim on ESC rights violation may be brought to the court, and the court has jurisdiction to entertain the case. However, of the five cases filed against TNCs, only in one case has the court decided in favour of the plaintiff. Most of the cases were rejected on procedural matters. This situation suggests that it remains burdensome for the victims of ESC rights violations to seek remedy at the court. There are procedural burdens that has to be faced by plaintiff when bringing ESC rights case against corporations, particularly TNCs. Nevertheless, there are new develop-ments in relation with pursuing ESC rights in court. One of the important development is private business contract between the govern-ment and private corporations may be annulled by the court, if the exercise of the contract would violate the government's obligation to fulfil human rights of the citizens

A pilot study on the undefined role of court interpreters in South Africa

African Journals Online (AJOL)

In South Africa, legislation that clearly defines the role of court interpreters does not exist. Court interpreters find themselves performing tasks which should be the responsibility of other legal officials. This study considers how the lack of a clearly defined role for court interpreters affects the very quality of their interpreting.

Kolm Eesti Robinsoni: Daniel Defoe romaan eesti tõlkes / Three Estonian Robinsons: Daniel Defoe’s Novel in Estonian Translation

Directory of Open Access Journals (Sweden)

Ene-Reet Soovik

2012-06-01

Full Text Available The article discusses three Estonian translations of Daniel Defoe’s Robinson Crusoe into Estonian with the focus on the completeness of the translated texts and the characterisation given to these in paratextual information. While there are several translations and versions of the tex t available in E stonian that have either used a mediating language or do not proceed directly from Defoe’s novel, three editions explicitly list Defoe’s English-language Robinson Crusoe as their source text. These are Rudolf Sirge’s translation from 1950 and two editions translated by Valter Rummel that appeared in 1984 (reprinted in 2001 and 2007, respectively. The article sets out to discover the main differences between the three editions and the possible reasons that may have triggered their publication in Estonia at those particular times. In order to approach the issues, a general framework derived from descriptive translation studies is employed with an emphasis on Gideon Toury’s chrestomatic treatment of translation norms. Thus an attempt is made to detect the preliminary translational norms regarding translation policy, particularly the choice of texts to be translated, as well as the matricial norms that concern the fullness of the translated text and are part of operational norms manifested in the translator’s decisions which, in two of the cases at hand, may also have been decisions made by the editor or the censor. Rudolf Sirge’s translation appeared at a time when Estonia had fairly recently been incorporated into the Soviet Union and there was a lack of children’s literature ideologically appreciated by the regime. This may account for the packaging of the book as a work with a strong didactic bent, while its primary audience was taken to be children and young adults for whom the protagonist served as an example of a hard-working and tenacious hero to be emulated by young Soviets. The target text has been considerably shortened as

38 CFR 20.1410 - Rule 1410. Stays pending court action.

Science.gov (United States)

2010-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Rule 1410. Stays pending court action. 20.1410 Section 20.1410 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS... Clear and Unmistakable Error § 20.1410 Rule 1410. Stays pending court action. The Board will stay its...

Klansman on the Court: Justice Hugo Black's 1937 Radio Address to the Nation

Science.gov (United States)

Carcasson, Martin; Aune, James Arnt

2003-01-01

Supreme Court Justice Hugo L. Black, known for being a liberal First Amendment absolutist and a courageous defender of individual freedom, is considered one of the best justices ever to serve on the nation's high court. This essay examines the events surrounding Justice Black's controversial nomination to the Supreme Court, focusing on his…

New jurisdiction of the European Court of Justice in resolving monetary and fiscal disputes

Directory of Open Access Journals (Sweden)

Dimitrijević Marko

2016-01-01

Full Text Available The global financial crisis has caused the need for a stronger positioning of the European Court of Justice in the new model of economic governance in the European Union. The Jurisdiction of the European Court of Justice contributes in creating the optimal legal control mechanism of budget spending in the European monetary law and ensure maintenance of euro-zone fiscal framework. The role of the European Court of Justice in the EMU in earlier periods was secondary, but in times of crisis, it points to the growing need of Jurisdiction's extending in the field of monetary relations between member states and respect of convergence rules. Court's Jurisdiction in resolving of monetary and fiscal disputes is increasingly implemented in determining the legal nature of international agreements, whose ratio is economic stability, where the Judgments regarding complementarities of these legal documents with primary law provisions have the crucial impact on the future direction of national fiscal policies coordination. Although, the Court's Jurisdiction in this area is still underdeveloped and Judgments are often conditioned by pragmatism reasons, by development of credible macroeconomic dialogue between Court of Justice, European Central Bank and European Court of Auditors may establish conditions for fullfiling legal gaps in the performance of monetary and fiscal Jurisdiction of the Court.

Criminal Courts of Justice, Dublin

Directory of Open Access Journals (Sweden)

Jonathan Tooth

2012-04-01

Full Text Available The newly completed Criminal Courts of Justice (CCJ at Parkgate Street in Dublin 8 is the largest courts project undertaken in the history of the Irish State. The design of the heating, ventilation and air conditioning (HVAC systems was based on computer simulated modelling of the build ing to determine the optimum plant selection and operation based on the contract conditions and energy targets. The report will analyse the computer simulated energy targets versus the actual energy consumption and assess the benefit of engineering solutions such as twin-skin facades and heat recovery based on real data. The report will draw conclusions on the real benefit of such systems with in the built environment. In addition to the energy targets, the report will discuss the commission ing processes involved in delivering the energy targets required and the importance of designing metering strategies to enable the data to be collected and analysed.

Nuclear fuel tax in court

International Nuclear Information System (INIS)

Leidinger, Tobias

2014-01-01

Besides the 'Nuclear Energy Moratorium' (temporary shutdown of eight nuclear power plants after the Fukushima incident) and the legally decreed 'Nuclear Energy Phase-Out' (by the 13th AtG-amendment), also the legality of the nuclear fuel tax is being challenged in court. After receiving urgent legal proposals from 5 nuclear power plant operators, the Hamburg fiscal court (4V 154/13) temporarily obliged on 14 April 2014 respective main customs offices through 27 decisions to reimburse 2.2 b. Euro nuclear fuel tax to the operating companies. In all respects a remarkable process. It is not in favour of cleverness to impose a political target even accepting immense constitutional and union law risks. Taxation 'at any price' is neither a statement of state sovereignty nor one for a sound fiscal policy. Early and serious warnings of constitutional experts and specialists in the field of tax law with regard to the nuclear fuel tax were not lacking. (orig.)

Challenging a court settlement: Concept, legal nature and methods of challenging in domestic and comparative law

Directory of Open Access Journals (Sweden)

Salma Marija

2011-01-01

Full Text Available In this paper the author offers analysis of rules regulating the challenging of a court settlement in light of the evolution and legal nature of the court settlement in domestic and comparative law (Austrian, German, and Hungarian laws. The method of the procedural challenge depended on the understanding whether the settlement is an agreement (contract between parties before the court or it is a decision of the court (on acceptance or rejection of the proposal of the parties to reach a settlement. In the earlier instance the method of challenge is by filing of an action, and in the latter instance it represents a form of a legal remedy, most often extraordinary legal remedy - request for repetition of a trial, against final and binding decision of the court by which the settlement was either accepted or rejected. Theoretical dilemma about the legal nature of the court settlement, had an effect on normative regulations, as well as on court practice. In the Serbian law, this dilemma was resolved by enactment of the Civil Procedure Code which explicitly regulates that court settlement is challenged by an action before the court. As a result of this, the idea of a court settlement, as a form of an agreement, prevailed in the legal system. However, considerable procedural effects of the court settlement cannot be ignored. The principal procedural effect is that the litigation is terminated. Further, the court settlement represents a form of an executive title.

Comments on the Lambert case: the rulings of the French Conseil d'État and the European Court of Human Rights.

Science.gov (United States)

Veshi, Denard

2017-06-01

This study examines the decisions of the French Conseil d'Etat (Supreme Administrative Court) and the European Court of Human Rights in the Lambert case concerning the withdrawal of life-sustaining treatments. After presenting the facts of this case, the main legal question will be analyzed from an ethical and medical standpoint. The decisions of the Conseil d'État and then of the European Court of Human Rights are studied from a comparative legal perspective. This commentary focuses on the autonomous will of an unconscious patient and on the judicial interpretation of the right to life as recognized in article 2 of the European Convention on Human Rights. Furthermore, it medically classifies artificial nutrition and hydration (ANH) as a "treatment" which has ethical and legal implications. While the majority of the bioethical community considers ANH a medical treatment, a minority argues that ANH is basic care. This classification is ambiguous and has conflicting legal interpretations. In the conclusion, the author highlights how a French lawmaker in February 2016, finally clarified the status of ANH as a medical treatment which reconciled the different values at stake.

76 FR 12082 - U.S. Court of Appeals for the Armed Forces Proposed Rules Changes

Science.gov (United States)

2011-03-04

... the Court. (b) Any violation of this rule will be deemed a contempt of this Court and, after due... rule will be deemed a contempt of this Court and, after due notice and hearing, may be punished... Article 48, Uniform Code of Military Justice, to give express contempt power to the United States Court of...

DRUG COURTS: Better DOJ Data Collection and Evaluation Efforts Needed to Measure Impact of Drug Court Programs

National Research Council Canada - National Science Library

2002-01-01

.... Under this concept, in exchange for the possibility of dismissed charges or reduced sentences, defendants are diverted to drug court programs in various ways and at various stages in the judicial process...

Europe's Constitutional Court : The Role of the European Court of Justice in the Intertwined Separation of Powers and Division of Powers in the European Union

NARCIS (Netherlands)

Knook, A.D.L.

2009-01-01

This book examines the Role of the European Court of Justice in the Intertwined Separation of Powers and Division of Powers of the European Union. This constitutional role is examined from five different angles. Chapters II and III examine the role of the Court of Justice in the Separation of Powers

Delinquency Cases in Juvenile Court, 2002. OJJDP Fact Sheet #02

Science.gov (United States)

Stahl, Anne L.

2006-01-01

This fact sheet presents statistics on delinquency cases processed by juvenile courts in 2002. The number of delinquency cases handled by juvenile courts decreased 11 percent between 1997 and 2002. During this time, the number of person offense cases decreased 2 percent, property offense cases decreased 27 percent, drug law violation cases…

Matching Judicial Supervision to Clients' Risk Status in Drug Court

Science.gov (United States)

Marlowe, Douglas B.; Festinger, David S.; Lee, Patricia A.; Dugosh, Karen L.; Benasutti, Kathleen M.

2006-01-01

This article reports outcomes from a program of experimental research evaluating the risk principle in drug courts. Prior studies revealed that participants who were high risk and had (a) antisocial personality disorder or (b) a prior history of drug abuse treatment performed better in drug court when scheduled to attend biweekly judicial status…

The res judicata rule in jurisdictional decisions of the international Court of justice

Directory of Open Access Journals (Sweden)

Kreća Milenko

2014-01-01

Full Text Available The author discusses the effects of the res judicata rule as regards jurisdictional decisions of the International Court of Justice. He finds that there exists a special position of a judgment on preliminary objection in respect to both aspects of the res judicata rule - its binding force and finality. A perception of distinct relativity of a jurisdictional decision of the Court, expressing its interlocatory character pervades, in his opinion, the body of law regulating the Court's activity. Preliminary objections as such do not exhaust objections to the jurisdiction of the Court, as evidenced by non-preliminary objections to the jurisdiction of the Court giving rise to the application of the principle compétence de la compétence understood in the narrow sense. With regard to the binding force of a judgment on preliminary objections, it does not create legal obligations stricto sensu. The author finds that the relative character of jurisdictional decisions of the Court as compared with a judgment on the merits is justified on a number of grounds.

Individual and work-related risk factors for musculoskeletal pain: a cross-sectional study among Estonian computer users.

Science.gov (United States)

Oha, Kristel; Animägi, Liina; Pääsuke, Mati; Coggon, David; Merisalu, Eda

2014-05-28

Occupational use of computers has increased rapidly over recent decades, and has been linked with various musculoskeletal disorders, which are now the most commonly diagnosed occupational diseases in Estonia. The aim of this study was to assess the prevalence of musculoskeletal pain (MSP) by anatomical region during the past 12 months and to investigate its association with personal characteristics and work-related risk factors among Estonian office workers using computers. In a cross-sectional survey, the questionnaires were sent to the 415 computer users. Data were collected by self-administered questionnaire from 202 computer users at two universities in Estonia. The questionnaire asked about MSP at different anatomical sites, and potential individual and work related risk factors. Associations with risk factors were assessed by logistic regression. Most respondents (77%) reported MSP in at least one anatomical region during the past 12 months. Most prevalent was pain in the neck (51%), followed by low back pain (42%), wrist/hand pain (35%) and shoulder pain (30%). Older age, right-handedness, not currently smoking, emotional exhaustion, belief that musculoskeletal problems are commonly caused by work, and low job security were the statistically significant risk factors for MSP in different anatomical sites. A high prevalence of MSP in the neck, low back, wrist/arm and shoulder was observed among Estonian computer users. Psychosocial risk factors were broadly consistent with those reported from elsewhere. While computer users should be aware of ergonomic techniques that can make their work easier and more comfortable, presenting computer use as a serious health hazard may modify health beliefs in a way that is unhelpful.

Tried as an adult, housed as a juvenile: a tale of youth from two courts incarcerated together.

Science.gov (United States)

Bechtold, Jordan; Cauffman, Elizabeth

2014-04-01

Research has questioned the wisdom of housing juveniles who are convicted in criminal court in facilities with adult offenders. It is argued that minors transferred to criminal court should not be incarcerated with adults, due to a greater likelihood of developing criminal skills, being victimized, and attempting suicide. Alternatively, it has been suggested that the other option, housing these youth with minors who have committed less serious crimes and who are therefore adjudicated in juvenile courts, might have unintended consequences for juvenile court youth. The present study utilizes a sample of youth incarcerated in one secure juvenile facility, with some offenders processed in juvenile court (n = 261) and others processed in adult court (n = 103). We investigate whether youth transferred to adult court engage in more institutional offending (in particular, violence) and experience less victimization than their juvenile court counterparts. Results indicate that although adult court youth had a greater likelihood of being convicted of violent commitment offenses than juvenile court youth, the former engaged in less offending during incarceration than the latter. In addition, no significant differences in victimization were observed. These findings suggest that the concern about the need for separate housing for adult court youth is unfounded; when incarcerated together, those tried in adult court do not engage in more institutional violence than juvenile court youth. PsycINFO Database Record (c) 2014 APA, all rights reserved.

The Degree of Court's Control on Arbitration under the Ethiopian Law

African Journals Online (AJOL)

The Degree of Court's Control on Arbitration under the Ethiopian Law: Is It to the ... C)) reveals that courts in Ethiopia control arbitration by such avenues as appeal, ... all overlook the avenue of refusal, particularly in terms of domestic awards.

29 CFR 790.22 - Discretion of court as to assessment of liquidated damages.

Science.gov (United States)

2010-07-01

... 1938 Restrictions and Limitations on Employee Suits § 790.22 Discretion of court as to assessment of... the minimum—wage or overtime provisions of the act shall be liable to the affected employees not only... discretion by the court are two: (1) The employers must show to the satisfaction of the court that the act or...

Your business in court and at federal agencies: 2010 - 2011.

Science.gov (United States)

Reiss, John B; Crowder, Dawn; Simons, Brian; Pleskov, Igor; Davis, Tiffany; Nugent, Patrick

2012-01-01

This year the government aggressively pursued Manufacturers under the enhanced provisions of the False Claims Act (FCA), as well as under the provisions of the Food, Drug and Cosmetics Act (FDCA). In addition, the government pursued actions against individual executives under the Responsible Corporate Officer Doctrine ("RCO Doctrine") because it does not believe sanctions against the companies provide sufficient deterrence to inappropriate behavior. Companies need to focus on implementing effective compliance programs in order to prevent the occurrence of allegedly improper activity. It should be noted that the existence of an effective program will not protect executives from liability under the RCO Doctrine if improper behavior takes place. The Food and Drug Administration's (FDA's) has undertaken a number of initiatives during the past year in an attempt to counter claims that its review processes for domestic products is driving the development of drugs and devices to overseas markets. The Agency also has improved its capacity to review products imported from overseas by undertaking initiatives with foreign agencies and stationing more FDA employees in foreign countries. The FDA increased the number of warning letters and other enforcement actions. The FDA added two new topics of enhanced authority during the year. One was an expansion of its regulatory authority over foods, and the second was new authority to regulate certain tobacco products. The former is being subjected to some review by the courts, and the scope of its authority over tobacco is the subject of ongoing major litigation. The Federal Trade Commission (FTC) and Securities and Exchange Commission (SEC) are unlikely to experience significant change regarding their regulation of Manufacturers. The FTC, as it has for many years, continues to try to prevent "reverse" payments to generic drug manufacturers by Innovator Manufacturers to diminish generic drug competition, and proposed legislation is

K-12 Implications Seen in Some Cases before High Court

Science.gov (United States)

Walsh, Mark

2010-01-01

Arizona's variation on government vouchers for religious schools and California's prohibition on the sale of violent video games to minors present the top two cases with implications for education in the U.S. Supreme Court term that formally begins Oct. 4. New Justice Elena Kagan brings to the court extensive education policy experience as a…

The Equal Pay Act: Higher Education and the Court's View.

Science.gov (United States)

Greenlaw, Paul S.; Swanson, Austin D.

1994-01-01

Effects of the Equal Pay Act of 1963 for college and university employees are reviewed through an examination of trends in court decisions and legal treatment of the issues. It is concluded that case law has been evolutionary, with concepts of "equal,""work," and others not altered drastically by the courts in recent years.…