Made available in DSpace on 2016-04-26T20:25:51Z (GMT). No. of bitstreams: 1 Fernando Henrique de Moraes Araujo.pdf: 2159623 bytes, checksum: acb8f4fb0540e936f30b260de5d91b06 (MD5) Previous issue date: 2007-09-24 / The scope of this paper is to analyze the performance of the Department of Justice ahead of the civil inquiry in the injunction of transindividual interests. It is a compilatory paper, in which a national and foreign doctrinaire standpoint is presented on the subject, as well as legislation and case law. The choice of the subject matter originated in the need to deepen the view about the performance of the Department of Justice towards the presidency of the exclusive investigation instrument for the defense of metaindividual interests: the civil inquiry. The existing relation between the civil enquiry and the instrumental view of the civil procedure, the historic origin of the metaindividual interests and the respective influence of the three most important periods to the development of the collective injunction in the world: the English medieval, the North American and the Italian. The target is the historic origin of the Department of Justice in the alien proceeding, subsequently focusing on the evolution of the institution in Brazil, with a standpoint more concentrated on the current organizational structure and the correlative constitutional principles. Then, the approach is the study of the civil enquiry, including the general aspects of the truly Brazilian investigation instrument. Finally, a brief view on the collective injunction in foreign proceeding is presented, paying special attention to the South American countries. Statistic data are enclosed presenting the use of the civil enquiry by the Departments of Justice of the Federal and State Governments, as well as the main proceduring regulations of the instrument in the respective Parquet structures / O presente trabalho tem por escopo analisar a atuação do Ministério Público à frente do inquérito civil na tutela de interesses transindividuais. Trata-se de trabalho compilatório, no qual se apresenta uma visão doutrinária nacional e estrangeira sobre o assunto, além de legislação e jurisprudência. A escolha do tema surgiu da necessidade de aprofundar-se o olhar a respeito da atuação do Ministério Público à presidência do exclusivo instrumento investigatório para defesa de interesses metaindividuais: o inquérito civil. Apresentam-se, no presente estudo, a relação existente entre o inquérito civil e a visão instrumental do processo civil, a origem histórica dos interesses metaindividuais e a respectiva influência dos três períodos mais importantes ao desenvolvimento da tutela coletiva no mundo: o medieval inglês, o norte-americano e o italiano. Busca-se o berço histórico do Ministério Público no ordenamento alienígena, dando-se posterior enfoque à evolução da instituição no Brasil, com visão mais detida na atual estrutura organizacional e nos princípios constitucionais correlatos. Em seguida, ingressa-se no estudo do inquérito civil, com abordagem sobre os aspectos gerais do instrumento de investigação genuinamente brasileiro. Por fim, apresenta-se uma breve visão sobre a tutela coletiva no ordenamento estrangeiro, com especial atenção aos países da América do Sul. Em anexo apresentam-se ainda dados estatísticos referentes ao uso do inquérito civil pelos Ministérios Públicos da União e dos Estados, além das principais normas regulamentadoras de tramitação do instrumento nas respectivas estruturas do Parquet

Thesis submitted in fulfilment of the requirements for the degree Master of Technology: Public Management In the Faculty of Business at the Cape Peninsula University of Technology 2013 / Over the past few decades the study of intercultural communication has expanded to cover a diverse set of variables deriving from the concepts "communication" and "culture" and the combination of communication and culture. As is the case for the communication discipline itself, the study of intercultural communication is influenced by traditional disciplines such as anthropology, linguistics, philosophy, psychology and sociology (Chen & Starosta, 2005:13). The development of a global mindset has become pivotal for further human progress. This mindset can only result from intercommunication among diverse people (Chen & Starosta, 2005:4). Intercultural communication is essential to any organization or department as it is a process of sending and receiving messages between people whose cultural backgrounds could lead them to interpret verbal and non-verbal signs differently. The purpose of this study was to devise a communication strategy which will address intercultural communication, specifically designed to assist managers dealing with intercultural differences. The core objective of this study was to establish whether the existing Communication Policy of the Department of Justice and Constitutional Development (DOJ&CD) adequately addresses intercultural communication in the work place and to verify the level of understanding of culture amongst employees of the DOJ&CD Western Cape Regional Office (WC RO) in order to determine whether a lack of cultural knowledge contributes to miscommunication in the department. In order to reach its objectives, the study employed a quantitative research approach whereby a non-probability sampling design in the form of a convenience sampling method was adopted and considered appropriate for this study, with specific reference to the DOJ&CD (WC RO). In terms of collecting the data, the study made use of structured questionnaires as a data collection method whereby questionnaires were administered and distributed to 85 employees of whom 70 participated. The results of the study reveal that cultural differences lead to misunderstandings, while lack of cultural knowledge is a major contributing factor of miscommunication within the DOJ&CD (WC RO). It is recommended that employees acquire knowledge about other cultures which will improve their understanding and reduce the chances of miscommunication in a multi-cultural environment to enhance intercultural communication and provide a harmonious working environment amongst employees of the DOJ&CD (WC RO) and the Public Service as a whole.

In 1994 Congress enacted the Violent Crime Control and Law Enforcement Act, which in part gave the Department of Justice, Civil Rights Division (DOJCRD) the power to investigate local law enforcement agencies for Constitutional and civil rights violations. Researchers have found these investigations are expensive, time consuming, and highly intrusive to a law enforcement agency. To understand how these investigations are impacting communities, data were gathered on cities with local law enforcement agencies that have experienced an investigation by the DOJCRD. Using a quasi-experimental, multiple time-series research design with a paired samples t-test, the dependent variables (violent crime and arrest rates) were analyzed for any differences before and after the introduction of the independent variable (the commencement of a DOJCRD investigation). With an established a = .05, adjusting for non-reported crime, and comparing to a non-equivalent control variable (national crime rate), the research findings indicate increased violent crime with the commencement of these investigations. The results also show that arrest rates significantly decreased indicating the possibility of de-policing. The negative impact to communities with increased violent crime rates and decreased arrest rates calls into question the efficacy of DOJCRD investigations. By supporting the recommendation for Congress to repeal this power given to the DOJCRD, this research can lead to positive social change by preventing federal government intrusion into local government that is negatively impacting communities.

This study aims to compare the EU and US approach towards mergers and acquisitions, both from a theoretical point of view (the historical development and regulation) and the practical one(comparing certain cases), identify their similarities and differences, explain it and evaluate. To achieve the goal, the method of comparison was used (especially control procedures and assessing relevant markets). It was also assisted by case studies (specific decisions of the competition authorities), thus that the merger of GE / Honeywell and acquisitions, Oracle / Sun Microsystems. The work is divided into four chapters. The first chapter approaches the topic in terms of their development and legislation. The next two chapters introduce the merger control in both systems. The last chapter deals with cooperation between the competition authorities of the EU and the US. Chapter also compares the specific cases in which both teams have decided differently.

This diploma thesis aims to compare the approaches of EU and USA to the merger control from the point of view of the competition policy. Its goal is to confirm the hypothesis that both these approaches converge, but there are still significant differences. The comparative method was used to achieve this goal. The necessary information was gained from law regulations, academic papers and books. The results is that in the last years, mainly after the reform of merger control in EU in 2004, the definition of the lessening of the effective competition has been converged and the same happened in the field of horizontal mergers. However there are still significant differences in the area of non-horizontal mergers, mainly because the approach of USA is based on the ideas of Chicago school, but the approach of EU is rather based on the post-Chicago economics. Other differences can be found in the fact, that US merger control system is judicial but in EU it is administrative. Apart of that the US antitrust authorities use more economics and econometrics. These findings are also proved by the arguments of EU and USA in the cases GE/Honeywell and DB/NYX, in which both jurisdictions decided differently.

The present research investigated the challenges and problems facing the public sector institutions regarding the processes, procedures, practices, steps and methods used for human resource recruitment and selection. The South African government outlawed unfair discrimination to promote equality and equity in the labour force. This state of affairs has direct implications for employment practices such as recruitment and selection in the public service. Without a comprehensive recruitment and selection model, public service departments could contravene legislative requirements. As a result, these public service departments then may not succeed in attracting and appointing the best candidates for vacant positions. The intension of this study was to determine the extent to which functions of human resource management (HRM) reflect the spirit and stipulations of the statutory and regulatory framework. These functions include job analysis, job evaluation, job design, job profiles, and human resource planning, as well as induction and orientation. The aim is further to verify to what extent these functions influence recruitment and selection practices. A qualitative research design was used to construct a comprehensive human resource recruitment and selection model. This model is the result of a thorough analysis of comparative recruitment and selection theories, approaches, international best practice, and of existing models. A case study was undertaken within the Department of Justice and Constitutional Development (DOJ&CD). Data was collected by using a questionnaire from a representative sample. The target population comprised senior and middle managers from the National Office in Pretoria and North West Province responsible for human resource functions. They are divided into five sub-clusters. Based on the core findings of this research it was established that the DOJ&CD experiences inefficiencies as far as the following aspects of human resource management are concerned: alignment, development and implementation of appropriate human resource strategies, systems, processes, procedures and methods. This also includes the approaches for recruitment and selection. The DOJ&CD mainly utilises traditional processes of recruitment and selection that do not adequately reflect international best practice and, furthermore, do not adhere to all the stipulations of the myriad forms of legislation that are governing human resources in the public service. A comprehensive model for recruitment and selection was thus of the utmost importance to guide the Department in its recruitment and selection endeavours. The model that is designed as the main contribution of this research is aimed at addressing these challenges. The comprehensive model is intended to guide the DOJ&CD‟s human resource practitioners on recruitment and selection. This is done by means of a processmap and a flow-chart approach. Based on the literature review and empirical study, best practice is proposed that can be associated with each phase or step in the recruitment and selection process. The criteria for the development of the model was based on the theoretical relationship among elements and variables such as strategy, structure, job analysis, job description, job specification and job evaluations, and how these elements are linked to recruitment and selection processes. Such a comprehensive human resource recruitment and selection model can assist practitioners to align all human resource activities and functions within public service departments. This will help to realise their organisational objectives and to operationalise their strategic imperatives successfully. / PhD (Public Management and Governance), North-West University, Potchefstroom Campus, 2014

The present research investigated the challenges and problems facing the public sector institutions regarding the processes, procedures, practices, steps and methods used for human resource recruitment and selection. The South African government outlawed unfair discrimination to promote equality and equity in the labour force. This state of affairs has direct implications for employment practices such as recruitment and selection in the public service. Without a comprehensive recruitment and selection model, public service departments could contravene legislative requirements. As a result, these public service departments then may not succeed in attracting and appointing the best candidates for vacant positions. The intension of this study was to determine the extent to which functions of human resource management (HRM) reflect the spirit and stipulations of the statutory and regulatory framework. These functions include job analysis, job evaluation, job design, job profiles, and human resource planning, as well as induction and orientation. The aim is further to verify to what extent these functions influence recruitment and selection practices. A qualitative research design was used to construct a comprehensive human resource recruitment and selection model. This model is the result of a thorough analysis of comparative recruitment and selection theories, approaches, international best practice, and of existing models. A case study was undertaken within the Department of Justice and Constitutional Development (DOJ&CD). Data was collected by using a questionnaire from a representative sample. The target population comprised senior and middle managers from the National Office in Pretoria and North West Province responsible for human resource functions. They are divided into five sub-clusters. Based on the core findings of this research it was established that the DOJ&CD experiences inefficiencies as far as the following aspects of human resource management are concerned: alignment, development and implementation of appropriate human resource strategies, systems, processes, procedures and methods. This also includes the approaches for recruitment and selection. The DOJ&CD mainly utilises traditional processes of recruitment and selection that do not adequately reflect international best practice and, furthermore, do not adhere to all the stipulations of the myriad forms of legislation that are governing human resources in the public service. A comprehensive model for recruitment and selection was thus of the utmost importance to guide the Department in its recruitment and selection endeavours. The model that is designed as the main contribution of this research is aimed at addressing these challenges. The comprehensive model is intended to guide the DOJ&CD‟s human resource practitioners on recruitment and selection. This is done by means of a processmap and a flow-chart approach. Based on the literature review and empirical study, best practice is proposed that can be associated with each phase or step in the recruitment and selection process. The criteria for the development of the model was based on the theoretical relationship among elements and variables such as strategy, structure, job analysis, job description, job specification and job evaluations, and how these elements are linked to recruitment and selection processes. Such a comprehensive human resource recruitment and selection model can assist practitioners to align all human resource activities and functions within public service departments. This will help to realise their organisational objectives and to operationalise their strategic imperatives successfully. / PhD (Public Management and Governance), North-West University, Potchefstroom Campus, 2014

The 1980s witnessed a judicial “rights revolution” in Canada characterized by the Supreme Court of Canada striking down both federal and provincial legislation which violated the rights guaranteed by the 1982 Charter of Rights. The lack of a similar judicial “rights revolution” in the wake of the 1960 Canadian Bill of Rights has largely been attributed to the structural difference between the two instruments with the latter – as a “mere” statute of the federal parliament – providing little more than a canon of construction and (unlike the Charter) not empowering the courts to engage in judicial review of legislation. Yet this view contrasts starkly with how the Bill was portrayed by the Diefenbaker government, which argued that it provided for judicial review and would “prevail” over other federal legislation. Many modern scholars have dismissed the idea that the Bill could prevail over other federal statutes as being incompatible with the doctrine of parliamentary sovereignty. That is, a bill of rights could only prevail over legislation if incorporated into the British North America Act. As such, they argue that the Diefenbaker government could not have intended the Bill of Rights to operate as anything more than a canon of construction. However, such a view ignores the turbulence in constitutional thinking on parliamentary sovereignty in the 1930s through 1960s provoked by the Statute of Westminster. This era produced the doctrine of “self-embracing” sovereignty – in contrast to traditional “Dicey” sovereignty – where parliament could limit itself through “ordinary” legislation. The effective author of the Canadian Bill of Rights, Elmer Driedger, was an adherent of this doctrine as well as an advocate of a “purposive” approach to statutory interpretation. Driedger, thus, drafted the Bill based upon the doctrine of self-embracing sovereignty and believed it would enjoy a “purposive” interpretation by the courts, with the Bill designed to be as effective at guaranteeing rights as the Statute of Westminster was at liberating Canada from Imperial legislation.

The 1980s witnessed a judicial “rights revolution” in Canada characterized by the Supreme Court of Canada striking down both federal and provincial legislation which violated the rights guaranteed by the 1982 Charter of Rights. The lack of a similar judicial “rights revolution” in the wake of the 1960 Canadian Bill of Rights has largely been attributed to the structural difference between the two instruments with the latter – as a “mere” statute of the federal parliament – providing little more than a canon of construction and (unlike the Charter) not empowering the courts to engage in judicial review of legislation. Yet this view contrasts starkly with how the Bill was portrayed by the Diefenbaker government, which argued that it provided for judicial review and would “prevail” over other federal legislation. Many modern scholars have dismissed the idea that the Bill could prevail over other federal statutes as being incompatible with the doctrine of parliamentary sovereignty. That is, a bill of rights could only prevail over legislation if incorporated into the British North America Act. As such, they argue that the Diefenbaker government could not have intended the Bill of Rights to operate as anything more than a canon of construction. However, such a view ignores the turbulence in constitutional thinking on parliamentary sovereignty in the 1930s through 1960s provoked by the Statute of Westminster. This era produced the doctrine of “self-embracing” sovereignty – in contrast to traditional “Dicey” sovereignty – where parliament could limit itself through “ordinary” legislation. The effective author of the Canadian Bill of Rights, Elmer Driedger, was an adherent of this doctrine as well as an advocate of a “purposive” approach to statutory interpretation. Driedger, thus, drafted the Bill based upon the doctrine of self-embracing sovereignty and believed it would enjoy a “purposive” interpretation by the courts, with the Bill designed to be as effective at guaranteeing rights as the Statute of Westminster was at liberating Canada from Imperial legislation.

The 1980s witnessed a judicial “rights revolution” in Canada characterized by the Supreme Court of Canada striking down both federal and provincial legislation which violated the rights guaranteed by the 1982 Charter of Rights. The lack of a similar judicial “rights revolution” in the wake of the 1960 Canadian Bill of Rights has largely been attributed to the structural difference between the two instruments with the latter – as a “mere” statute of the federal parliament – providing little more than a canon of construction and (unlike the Charter) not empowering the courts to engage in judicial review of legislation. Yet this view contrasts starkly with how the Bill was portrayed by the Diefenbaker government, which argued that it provided for judicial review and would “prevail” over other federal legislation. Many modern scholars have dismissed the idea that the Bill could prevail over other federal statutes as being incompatible with the doctrine of parliamentary sovereignty. That is, a bill of rights could only prevail over legislation if incorporated into the British North America Act. As such, they argue that the Diefenbaker government could not have intended the Bill of Rights to operate as anything more than a canon of construction. However, such a view ignores the turbulence in constitutional thinking on parliamentary sovereignty in the 1930s through 1960s provoked by the Statute of Westminster. This era produced the doctrine of “self-embracing” sovereignty – in contrast to traditional “Dicey” sovereignty – where parliament could limit itself through “ordinary” legislation. The effective author of the Canadian Bill of Rights, Elmer Driedger, was an adherent of this doctrine as well as an advocate of a “purposive” approach to statutory interpretation. Driedger, thus, drafted the Bill based upon the doctrine of self-embracing sovereignty and believed it would enjoy a “purposive” interpretation by the courts, with the Bill designed to be as effective at guaranteeing rights as the Statute of Westminster was at liberating Canada from Imperial legislation.