Search results for " public policy"
showing 10 items of 23 documents
Public policy in families and successions regulations : the case of ?talaq?
2021
According to EU Regulations on transnational families and successions, a foreign rule remains without effect if it is deemed contrary to the so-called public policy (ordre public) of the forum?s legal system. As a consequence, judges have to evaluate whether the application of foreign law is incompatible with fundamental principles of the domestic law, especially whether it would constitute a violation against human rights. An outstanding controversial issue is today represented by Islamic repudiation (talaq): two contrasting Italian judicial decisions of August 2020 may illustrate how difficult it could be to determine what public policy is.
Public policy as grounds for refusal of recognition and enforcement under regulation 2016/1103 and regulation 2016/1104
2021
El orden público es una de las instituciones más conocidas e importantes del Derecho internacional privado. Puede encontrarse como motivo de denegación de reconocimiento y ejecución en varios Reglamentos europeos, entre otros en el Reglamento (UE) 2016/1103 del Consejo, de 24 de junio de 2016, por el que se establece una cooperación reforzada en el ámbito de la competencia, la ley aplicable y el reconocimiento y la ejecución de las resoluciones en materia de regímenes económico matrimoniales, y en el Reglamento (UE) 2016/1104 del Consejo, de 24 de junio de 2016, por el que se establece una cooperación reforzada en el ámbito de la competencia, la ley aplicable y el reconocimiento y la ejecuc…
Law and morals in the application of the public policy exception under the twin regulations 1103 and 1104 of 2016
2021
This paper discusses the interactions between fundamental principles of domestic legal systems and non-legal standards in the application of the public policy Generalklausel within the context of the twin Regulations 1103 and 1104 of 2016. In particular, this paper argues that public policy is composed of legal principles only and that there is no space for extra legal standards when the circulation of foreign deeds, decisions and laws is in discussion. This consideration has two consequences. Firstly, the role of good morals within contemporary private international law is extremely reduc
El nuevo escenario del orden público en el arbitraje : comentario a la STC de España, Sala Primera, núm. 17/2021, de 15 de febrero.
2021
The Constitutional Court delimits the concept and scope of public order, the requirement to state the grounds and the judicial review within the framework of the action for annulment of arbitral awards. The Constitutional Court rejects the jurisprudential line of the High Court of Justice of Madrid regarding the broadening of the concept of public policy and prevents the review of the merits of the case through the action for annulment.
Framing Caesarean Section Reduction Policies Through a Dynamic Performance Management Approach: A Maternity Pathway Case-Based Analysis
2017
The World Health Organization since the last three decades strongly encourages countries to reduce the caesarean section (CS) rate down to 10–15%. However, this goal nowadays appears still far from its achievement. Public decision-makers are indeed struggling to design and implement effective policies to reduce the CS rate. The literature provides a wide range of factors causing a change in the CS rate, such as the patient clinical profile and the healthcare service quality provided. Maternity pathway (MP) is considered a mean through which to standardize the cares and to reduce CSs. This study investigates the MP recently introduced in Sicilian local health authorities. Based on such an an…
Reforms and decentralization: friends or foes
2013
Systemic concerns about markets, capitalism and the role of the state in the economy are salient again. Relatively large-scale reforms of economic and social arrangements are seriously considered. Historical experience suggests that reforms of that kind are sometimes associated with important changes in institutional arrangements pertaining to political decentralization. To explore the relationship between economic reforms and decentralization, the paper argues that a reform has two dimensions. It is a process and it is a design. The organization of the paper is inspired by that distinction. For economists, it seems natural to reason in terms of design -- that is, to perceive reform as the …
E-Government's Role in Shifting the Paradigm of Performance in the Public Sector
2015
The emergence of e-government changed the world of the Public Administration (PA) and the discipline of Public Management dramatically. Through the presentation of a case- study of the municipality of Palermo, this article attempts to discuss the renewed need for assessing performance of e-government services in a local government and to disclose the main critical issues in accomplishing this evaluation. Palermo is experiencing the implementation of a second- generation e-government project that is embodied in the realization of a web portal. The conceptualization of a framework to assess the performance of the digital services appears to be crucial in order to improve the system and to avo…
Horizontal Competition Among Governments
2005
Governments situated on the same level of a multi-level governmental system compete with each other as well as with those placed higher or lower. This paper is concerned with horizontal competition only. It discusses both competition based on the mobility of agents (individuals, business firms, or factors) and competition related to the circulation of information. With regard to the first kind, it focuses on the capacity that governments keep to decide their policies and compete in spite of the mobility of agents. Some attention is also given to the implications of some non-standard assumptions about the underlying political setup. The discussion of information-based competition includes th…
Promoting self-employment: Does it create more employment and business activity?
2021
International audience; We assess the economic impact of reforms promoting self-employment in the three countries that have implemented such reforms since the early 2000s: the Netherlands, the United Kingdom and France. To that end, we use an unbalanced cross country-industry dataset of 4,226 observations, including 12 OECD countries and 20 market industries, over the 1995-2016 period. We first observe, using country-level data, that the share of self-employed workers in total employment is quite stable or declines over the period in all countries in our dataset, except in the three countries where large reforms promoting self-employment have been implemented, and only after these reforms. …