scholarly journals THE REFORMS IN THE SYSTEM OF EDUCATION AT THE PERIOD 2004-2014

2019 ◽  
Vol 31 (1) ◽  
pp. 243-246
Author(s):  
Agim Poshka
Keyword(s):  
Decision Making ◽  
Primary Schools ◽  
Educational Process ◽  
Third Party ◽  
Ministry Of Education ◽  
Organizational Redesign ◽  
Legal Reforms ◽  
Local Schools ◽  
The Law ◽  
School Heads

The system of education must ensure an ongoing reform and development and this paper aims to analyze these changes after the Ohrid Framework agreement. Although this document was a political agreement it impacted the organization in the system of education largely. In the first part the paper analyzes the need for decentralization of power in the country for the sake of being closer to local communities and also improving services in this regard. The changes were presented in two levels. The first level was an organizational redesign of the service in regard to number of schools in the country. In order to better manage the process, the Ministry of Education established two units: the legal unit and the analytical unit. The urgent challenge for the development of this process has to do with the fact that only in its primary education Macedonia had about 340 primary schools that function as special legal units and therefore the centralized management created the “Black Box” effect according to which only educational units or school heads close to the Ministry of Education could gain privileges or adequate support. A significant legal step was that the decentralization process which did not recognize only the direct delegation of competences from the central to local government, but engaged the school councils, parents council as well as a third party in the process of decision making in the local schools. These decision-making bodies could have a say in the design of the school budgets as well as the selection of the school principals in cooperation with the mayors of the towns. How this was implemented could be a different topic for discussion in another occasion, however, this paper aims to identify key reforms in the educational process in the period of 2004 – 2014. The analyses will include a number of laws before the 2004 period that have impacted the process. It started legal reforms in 2002 with the adoption of the law on self-government and associated with the Law on Financing the Local Self-government in 2004, and a number of amendments on the Law on primary and secondary education in 2004 again.

scholarly journals PROTECTION OF ECONOMIC COMPETITION: AN OVERVIEW OF THE LATEST LEGISLATIVE NOVELTIES

2019 ◽  
pp. 165-171
Author(s):  
Sergii Shkliar ◽  
Olha Bulaieva
Keyword(s):  
Decision Making ◽  
European Union ◽  
Procedural Justice ◽  
Third Party ◽  
The European Union ◽  
Economic Competition ◽  
Time Limits ◽  
The Third ◽  
The Law ◽  
The Right

Purpose. The article is dedicated to the analysis of the main changes introduced by the Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition”. Methods. Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” proposes the implementation of several novelties. Among them are: the restriction for the Antimonopoly Committee of Ukraine by certain time limits for considering cases; possibility of extension of the term for consideration of cases by decision of the Committee’s State Commissioner or head of a territorial office; renewal of deadlines for consideration of cases where the respondent is replaced or a co-respondent is involved; provision for the consequences of missing the deadlines for considering cases and also the mechanism of consultations during the consideration of a case, which may be appointed either on the initiative of the Antimonopoly Committee of Ukraine or on the motion of interested persons. Results. The abovementioned amendments will influence the existing system of economic competition protection in a serious way. Among the changes are: – the fine for delayed payment of a fine imposed by the Antimonopoly Committees of Ukraine decision on violation of the legislation on the protection of economic competition is cancelled; – the member of the Antimonopoly Committee of Ukraine who conducted or organized an investigation is deprived of the right to vote in the process of decision-making in the respective case; – the procedure for holding hearings is defined; – recusals and self-recusals are envisaged for the Antimonopoly Committee of Ukraine officers; – the grounds for acquiring the third-party status in a case are changed; – the rights of persons involved in the case are specified and expanded. An important remark of the Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” is that a person that is exempted from liability or whose fine is reduced shall still be liable for damage caused by the violation to other persons. Conclusions. As a result, Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” is expected to become an important step forward in increasing the effectiveness of investigations into violations of the legislation on the protection of economic competition. It can also be regarded as the next step to harmonize Ukrainian legislation with the European Union acquis.

scholarly journals LEGAL SUPPORT AND ENFORCEMENT OF RIGHTS FOR OBTAINING (HIGHER LEGAL) EDUCATION IN THE CONDITIONS OF NATIONAL QUARANTINE

2020 ◽  
Keyword(s):  
Higher Education ◽  
Distance Learning ◽  
Educational Process ◽  
Teaching Staff ◽  
Ministry Of Education ◽  
Long Distance ◽  
Normative Documents ◽  
State Certification ◽  
Law Faculty ◽  
The Law

the article refers to the fact that before educators today is multivariate testing – need to make objective decisions to ensure the (organization and preservation) of the educational process today, the responsibility for the consequences of these decisions in the future; notes that in the face of (high) school stood the test of unwillingness of the transition to long distance training; the author reviewed and analyzed the legislative provision regarding the application of distance learning in educational institutions; characterized the level of preparedness of the law faculty of the KhNU named. V. N. Karazin Kharkiv national University for long distance learning; consider the consequences of questionable identification and authentication of subjects of educational process and the prosecution of scientific and pedagogical workers in the unfair execution of control functions; the proposal to improve the system of distance learning in General; analyzes information resources zakon.rada.gov.ua, mon.gov.ua, mon-covid19.info, osvita.ua, pedpresa.ua; analyzed decree of the Cabinet of Ministers of Ukraine, Orders, letters of the Ministry of education and science of Ukraine, the Regulations on distance education, decrees of the President of Ukraine, Laws of Ukraine "On higher education", "On education", "On secondary education", "On higher education" described as, thanks to the consolidated position of the teaching staff, aimed at achieving a common goal, in General, the implementation of the recommendations of the Ministry of Education and Science at the law faculty of Karazin University formally occurs; provided that the legislative regulation of the issue regarding the implementation of distance learning, in addition to these laws and Regulations on distance learning, until today does not exist, and normative documents of the Ministry of education and science of Ukraine and letters are Advisory in nature and do not have binding normative force; expressed concern about the fact that there is no unified authentication of applicants for higher education, especially for distance learning; provided, what remote technology are not acceptable for exams, state certification, and protection of final qualification works, because there is no effective technical and organizational means and methods of identification/authentication of the entity; noted that since state certification of legal specialties is a long time in writing, in terms of quarantine, it can be done cool subject to social distance not less than 1.5 m or the minimum area per person – 10 sq m and the use of personal protective equipment.

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

2018 ◽  
Author(s):  
Chen Lei
Keyword(s):  
Direct Action ◽  
Contract Law ◽  
Third Party ◽  
Chinese Law ◽  
The Third ◽  
Right Of Action ◽  
The Law ◽  
The Third Party ◽  
The Right

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Contracts for the Benefit of Third Parties in Japan

2018 ◽  
Author(s):  
Masami Okino
Keyword(s):  
Case Analysis ◽  
Case Law ◽  
Contract Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
German Model ◽  
Recent Debate ◽  
The Law

This chapter discusses the law on third party beneficiaries in Japan; mostly characterized by adherence to the German model that still bears an imprint on Japanese contract law. Thus, there is neither a doctrine of consideration nor any other justification for a general doctrine of privity, and contracts for the benefit of third parties are generally enforceable as a matter of course. Whether an enforceable right on the part of a third party is created is simply a matter of interpretation of the contract which is always made on a case-by-case analysis but there are a number of typical scenarios where the courts normally find the existence (or non-existence) of a contract for the benefit of a third party. In the recent debate on reform of Japanese contract law, wide-ranging suggestions were made for revision of the provisions on contracts for the benefit of third parties in the Japanese Civil Code. However, it turned out that reform in this area was confined to a very limited codification of established case law.

scholarly journals Selling international law enforcement: Elite justifications and public values

2020 ◽  
Vol 7 (3) ◽  
pp. 205316802095678
Author(s):  
Melissa M. Lee ◽  
Lauren Prather
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Public Support ◽  
International Order ◽  
Third Party ◽  
Public Values ◽  
Norm Enforcement ◽  
The Usa ◽  
The Law ◽  
Order Increase

International law enforcement is an understudied but indispensable factor for maintaining the international order. We study the effectiveness of elite justifications in building coalitions supporting the enforcement of violations of the law against territorial seizures. Using survey experiments fielded in the USA and Australia, we find that the effectiveness of two common justifications for enforcement—the illegality of a country’s actions, and the consequences of those actions for international order—increase support for enforcement and do so independently of two key public values: ideology and interpersonal norm enforcement. These results imply elites can build a broad coalition of support by using multiple justifications. Our results, however, highlight the tepidness of public support, suggesting limits to elite rhetoric. This study contributes to the scholarship on international law by showing how the public, typically considered a mechanism for generating compliance within states, can impede or facilitate third-party enforcement of the law between states.

scholarly journals A tale of two citizens: The Brey-Dano proportionality gap in UK courts and tribunals

2021 ◽  
pp. 138826272110049
Author(s):  
Victoria E. Hooton
Keyword(s):  
Decision Making ◽  
National Level ◽  
Case Law ◽  
Eu Law ◽  
The Law

The role of proportionality and individual assessments in EU residency and welfare access cases has changed significantly over the course of the last decade. This article demonstrates how a search for certainty and efficiency in this area of EU law has created greater uncertainty, more legal hurdles for citizens, and less consistency in decision-making at the national level. UK case law illustrates the difficulty faced by national authorities when interpreting and applying the rules relating to welfare access and proportionality. Ultimately, the law lacks the consistency and transparency that recent CJEU case law seeks to obtain, raising the question of whether the shift from the Court's previous, more flexible, case-by-case approach was desirable after all.

Agricultural education and Italian primary school teachers: the Romagna in the late nineteenth century

Modern Italy ◽  
2020 ◽  
pp. 1-16
Author(s):  
Omar Mazzotti ◽  
Massimo Fornasari
Keyword(s):  
Nineteenth Century ◽  
Agricultural Education ◽  
Primary Schools ◽  
Educational Process ◽  
Late Nineteenth Century ◽  
Ruling Class ◽  
Primary School Teachers ◽  
Agricultural Revolution ◽  
Agricultural Knowledge ◽  
The Impact

This article examines the dissemination of agricultural education in primary schools in the Romagna, an important rural area in post-unification Italy. The topic is explored within a wider perspective, analysing the impact of institutional changes – at both the national and local levels – on the transmission of agricultural knowledge in primary education during the final quarter of the nineteenth century. Two particular elements of the process are examined: students, as the intended beneficiaries of the educational process; and teachers, who as well as having a key role in reducing the extent of illiteracy were sometimes also involved in disseminating agricultural knowledge. The transfer of that knowledge appears to have been a very challenging task, not least because of the scant interest that Italy's ruling class showed towards this issue. However, increasing importance seems to have been given to agricultural education in primary schools during the economic crisis of the 1880s, when the expansion of this provision was thought to be among the factors that might help to prepare the ground for the hoped-for ‘agricultural revolution’.

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