Search results for "Principle of legality"
showing 10 items of 27 documents
Smart urbanism
2020
A characteristic of intelligent cities is urban development where local and national governments regulate land use plans in order to efficiently plan and control urban and real state growth.This article describes the case of use in urban licensing in the government of Colombia in which a digitalization system was designed and developed in the public administration where data collection, storage and analysis are carried out to control urban licensing in 37 cities of Colombia. The system allows visual and statistical analysis of the urban growth of the cities.The results obtained by the system have allowed to improve the control and legality of the construction licenses in Colombia and has co…
El derecho como dogma en la forma etico-politico liberal. Otra lectura desde el realismo critico de E. Mounier: la persona como fundamento ético de l…
2019
Resumen: El realismo crítico personalista plantea una nueva idea de juridicidad. Reclama frente a la escisión radical entre teoría y praxis jurídica, entre lo axiológico y lo normativo, entre la realidad y lo objetivo, que esgrime la argumentación kelseniana, una instancia crítica para el derecho positivo: la existencia de la persona humana concreta, (que hace y vive la historia), como fundamento inmediato de todo lo jurídico. Si partimos de la base de que siendo la teoría general del derecho una invención moderna, hasta su culminación en Kelsen, ¿por qué no admitir que pueda ser matizada por otros marcos axiológicos y cognitivos, también modernos, descuidados desde entonces por esa concepc…
Constitutional developments in Latin American abortion law.
2016
Abstract For most of the 20th Century, restrictive abortion laws were in place in continental Latin America. In recent years, reforms have caused a liberalizing shift, supported by constitutional decisions of the countries’ high courts. The present article offers an overview of the turn toward more liberal rules and the resolution of abortion disputes by reference to national constitutions. For such purpose, the main legal changes of abortion laws in the last decade are first surveyed. Landmark decisions of the high courts of Argentina, Bolivia, Colombia, and Mexico are then analyzed. It is shown that courts have accepted the need to balance interests and competing rights to ground less res…
The Paradox of Effectiveness: Growth, Institutionalisation and Evaluation of Anti-Mafia Policies in Italy
2004
This contribution focuses on Italian policies that have been envisaged and implemented to combat, prevent or contain mafia-type organised crime.1 After having shown that a proper analysis of anti-mafia policies is strangely lacking (section 2), policies directly addressing the mafia are dealt with, hinting at the norms concerning specific criminal offences, vast investigatory powers and penetrating preventive measures, financial transactions and money laundering, collaborators of justice, the peculiarity of mafia trials, judicial attitudes and sanctions (section 3.1). Section 3.2 presents the wide variety of other policies addressing civil society and public administrations, and only indire…
Still Going “Grey” After All These Years? Export Restraint Agreements and the WTO
2013
This chapter assesses how the dual strategy that aimed to eliminate "grey area" measures has worked out in practice, also in the light of the protectionist pressures unleashed by the current economic crisis. After providing a brief overview of the historic proliferation of these measures, it discusses whether the attempt to render ordinary safeguard measures a more attractive alternative to voluntary restraint agreements (VRAs) has worked in practice. The chapter analyses some of the intrinsic and extrinsic weaknesses of the ban itself. The chapter reviews some cases of export-restraint agreements arguably falling within the exceptions to the ban enshrined in Art. 11.1.C. This work has exam…
Harmonization of Insurance Supervisory Law
2015
This chapter addresses the fundamental issue of what degree of harmonization applies in the Solvency II system. Distinguishing among the several degrees of harmonization—minimum harmonization, maximum harmonization, and full harmonization—leads to the conclusion that the Solvency II Directive has full harmonization as its objective. This has two important ramifications: First, the Solvency II Directive requires that any insurance supervisory regime implementation by the respective national legislators must completely align with the European insurance supervisory regime. Second, a system of full harmonization prohibits national legislators from unilaterally enacting additional measures not p…
OS ECJ-TF 1/2020 on the General Court Decisions of 24 September 2019 in The Netherlands v. Commission (Starbucks) (Joined Cases C-760/15 and T-636/16…
2020
This article provides a comprehensive exame of the decisions of the EU General Court in the cases The Netherlands v. Commission (Starbucks) (Joined Cases C-760/15 and T-636/16) (hereinafter Starbucks NL) and Luxembourg v. Commission (Fiat Finance and Trade) (Joined Cases T-755/15 and T-759/15) (hereinafter Fiat), decided on 24 September 2019. These are the first in a series of expected decisions concerning the legality of the European Commission's decisions considering certain transfer pricing rulings granted by Member States to multinational enterprises (hereinafter MNEs) to constitute State aid. The GC reached different verdicts in the two cases. Whereas in Starbucks NL it annulled the Co…
‘Classical’ doping, financial doping and beyond: UEFA’s financial fair play as a policy of anti-doping
2014
Against the backdrop of an increasing use of the term ‘doping’ in circumstances other than the classical understanding, this theoretic article provides a new and comprehensive inter-disciplinary reflection of the doping concept. The aim is to elaborate a broader understanding of doping in relation to socio-economic contexts. Besides addressing the question which structural similarities in general justify the label ‘doping’, a comparison between ‘classical’ doping and the so-called financial doping in European club football is developed. These insights serve as a basis for a consideration, to what extent insights of social-scientific research on drugs in sport may be consulted to analyse soc…
Aspectos de la revolución jurídica en el decreto de los señoríos de 1811
2001
One of the basic elements which the bourgeoisie needed to address in the process of revolution was the transformation of the landholding regime and the instruments which conditioned the social relations of production: seigneurial, and principally jurisdictional, rights. This meant two tasks: overcoming the juridical structure that underlay the feudal property regime and the creation of a new system that might regulate relationships of capitalist production. Peculiarities and doubts about the origin of the feudal property regime and seigneurial rights, and the relationship between the two, would open up a series of questions relating to their legality and legitimacy, including the right of c…
Human Rights and Changes to the International Legal System. Philosophical Reflections on the (Difficult) Coexistence of International Humanitarian La…
2012
Chapter 6 analyses the relationship between International human rights law (IHRL) and international humanitarian law (IHL). IHL represents the new version of a part of the old ius gentium, in particular its ius in bello. Nonetheless, IHL excludes ius ad bellum, formerly linked to ius in bello in ius gentium, in continuity with the Just War Theory. The current IHL is characterized by neutrality, impartiality, and humanity in protecting victims. The practice of IHRL – not the abstract doctrine of natural rights – aims to protect human beings in different contexts and against different forms of vulnerability. In this last sense, IHL could be seen as a part of the former in the case of vulnerab…