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Recherches sur les singularités du contentieux de la régulation économique / Study on the singularities of the economic regulation litigationCrespy - De Coninck, Marie 30 November 2015 (has links)
Les particularités supposées des instruments juridiques de la régulation économique pourraient induire la spécificité de son contentieux. Cependant, il n’en est rien : le juge de la régulation recourt aux règles et méthodes classiques du contentieux. Pour autant, les singularités du contentieux de la régulation, en particulier dans sa propension à susciter l’évolution progressive des méthodes juridictionnelles, apparaissent au sein de ce classicisme. Ce contentieux se caractérise en premier lieu par la perturbation qui résulte de la confrontation de la régulation économique et de son contentieux. Dans un premier temps, les particularités notables de certaines autorités de régulation ou de leurs actes révèlent l’inadaptation des classifications contentieuses classiques. Ce n’est que dans un second temps, une fois intégrées à un cadre contentieux classique - ou devenu tel - que les particularités de cette matière autorisent l’adaptation du contrôle juridictionnel aux exigences de la régulation économique. La singularité de ce contentieux apparaît ensuite au regard sa fonction, tant à l’égard de la régulation économique que du contentieux général. Davantage que juger la régulation, le juge y participe pleinement comme partie prenante des processus de régulation économique. Le contentieux de la régulation économique apparaît enfin comme un laboratoire des évolutions du contentieux général. Sans être en lui-même innovant, le contentieux de la régulation économique participe à la rénovation du contentieux général. De surcroît, son caractère transversal offre certaines perspectives quant à la mise en cohérence de contentieux issus d’ordres juridictionnels distincts qui ne peuvent se satisfaire du simple dialogue des juges et entre juges. / Assumed particularities of the economic regulation may involve a special feature of its litigiation. But, it is far from that, insofar as the regulation’s judge use classical rules and methods of the general litigation. However, the economic regulation litigiation’s singularities, leading to a gradual evolution of litigation methods, appear whithin the frame of this classicism. The first singularity is characterized by the disturbance arising from the confrontation between economic régulation and its litigation. Initialy, particularities of régulatory authorities and acts of régulation reveal classicle litigiation categories’ inappropriateness. Then, once integrated into classicle judicial framework, the particulaties enable jurisdictional control adjustement to economic régulation requirements. Furthermore, the economic regulation litigiation’s singularity appear in view of its fonction. More than ruling economic regulation disputes, the judge fully participate in economic regulation processes. Finally, the economic regulation litigiation appears to be a laboratoy of general litigation’s progress. Without groudbreaking, economic regulation litigiation is involve in general litigiation renewal. In addition, the transversal nature of this litigation allows the consistency of the litigation ruled by distinct jurisdictional orders witch cannot be satisfied with the "judges' dialogue".
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An investigation into the use of whistle-blowing as a means to curb unethical behaviour of police officers in the Nelson Mandela BayMboyi, Sabelo Advocate January 2008 (has links)
The use of whistle-blowing as means to curb unethical behaviour of police officers in the Nelson Mandela Bay is investigated in this study. In order to investigate this, various instruments were used, these are interviews and questionnaires. However the objectives of the study were: - To examine the implementation of whistle-blowing in the SAPS. - To develop strategies and measures that can be used to encourage whistle-blowing in the SAPS. Broadly speaking, these objectives have been achieved by providing empirical evidence which shows that: - Unethical behaviour by police officers is the most ethical challenge facing police officers in the Nelson Mandela Bay Area. This is based on the findings which eminate from the interviews. - Whistle-blowing is used by police officers as an early warning system that alerts the superiors about misconduct before it is too late as it defects and deters wrongdoing. However, the study suggests various strategies and measures to assist the implementation of whistle-blowing. These strategies include: - Development of hotlines. - Assurance of confidentiality and anonymity of disclosures. - Response plan development. - Training development. - Regarding whistle-blowing as an ongoing communication. This study also indicates that misconduct by police officers in the Nelson Mandela Bay area is not high. While whistle-blowing is considered as a key tool in promoting individual responsibility and accountability among police officers. In conclusion, recommendations are provided which could assist the SAPS and individual police officers to improve ethical conduct, and for improved measures and mechanisms to deal with unethical behaviour of police officers and recommendations for improved implementation of whistle-blowing process.
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Post occupancy evaluation of an office building : the case of country club estate, JohannesburgMatshili, Humbulani Emmanuel January 2012 (has links)
Most organisations nowadays want to build offices that are cost effective, but at the same time they forget to consider the impact of IEQ on the occupants’ wellbeing and performance. These offices are equipped with air-conditioners, which may impact negatively on performances if not monitored, controlled and maintained. An occupant’s performance may be accelerated or reduced, based on the effectiveness of IEQ in the office buildings. It is imperative that the employer or management create a work environment that is conducive to the occupants’ needs, so that the occupants may be able to improve their work performance that often yields increased productivity. The main aim of the study was to investigate the efficiency of a building’s Indoor Environmental Quality (IEQ) and how it affects workers with regard to productivity. The objectives of the study were: to determine the level of satisfaction of the occupants in terms of the IEQ, evaluate the effects that the current IEQ of the building has on the productivity of the occupants, and proffer solutions to identified problems so that the building performance can be improved, and similar future buildings can be improved upon in terms of IEQ. Post Occupancy Evaluation (POE) was utilised to conduct the evaluation. This will help stakeholders and managements to ensure that past mistakes committed are not repeated in the future buildings. POE analyses IEQ related to Indoor Air Quality (IEQ), thermal comfort, occupant’s satisfaction and occupant performance and productivity. There is a correlation between different indoor parameters of the occupants’ satisfaction, health and productivity at the workplace. For these correlations to complement each other successfully, IEQ factors must be conducive to human wellbeing. Workplace environments are perceived as unsafe and unhygienic. This situation is caused by poor planning of workstations, low indoor air quality, inappropriate lighting in the office, lack of ventilation and insufficient safety measures. In particular, findings of this study demonstrate the low level of occupants’ satisfaction with regard to office buildings in the Country Club Estate, Johannesburg. The results from this study show that POE is perceived to be completely new to occupants of the Country Club Estate. Management or stakeholders have a huge task ahead to address the benefits of implementing POE and to face the consequences if POE is not implemented.
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A Phenomenological Exploration of Engineers’ Experiences Using Communication Technologies in TeleworkMacFarlane, Gabrielle January 2016 (has links)
Telecommuting is becoming an increasingly popular trend in the modern workforce. Among the growing number of teleworkers are engineers, a profession where communication is a necessity. This study employs a phenomenological research approach to understand and describe the ways in which information communication technology (ICT) affects teleworking engineers’ interpersonal communication in the workplace and perceptions of isolation in social and organizational contexts. Uses and gratifications theory and media richness theory were used to better understand teleworkers’ selection and use of ICT. The findings revealed six themes: emotional impact, workplace relationships, information communication technology in the workplace, the nature of telework, telework and connectivity, and the organizational role in telework. This study contributes to communication research by adding to the growing body of knowledge about the influence of telework on workplace communication and relationships from the perspective of a niche population, engineers.
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Analýza výkonu přezkoumání hospodaření územních samosprávných celků / Analysis of the performance review of the territorial self-governing unitNěmečková, Stanislava January 2016 (has links)
The thesis is focused on the problematic of reviewing the territorial self-governing unit in the Czech Republic. The goal is to compare the approach of the audit firm and approach of a regional office to perform the examination of the TSU. The first chapter defines the general characteristics of the public sector. The second focuses on a specific area of public administration, which represents local government. The third chapter describes the rules and obligations that are related to the budget management of TSU. The fifth chapter, which summarizes the specifics of the accounting and reporting of selected entities. Chapter five is still theoretical definition of audit in the public administration and distinguishes notions of audit and economic review of the TSU. The last part practically compares the prerequisites required for the implementation of the performance review, individual activities conducted under review, the result of these activities, which is the so-called report on the outcome of the examination of the TSU and summarizes the differences. Conclusion of the work shows that it is not important who provides an economic review, but how and especially in what quality is the review carried out.
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Rezervy ústavně právního postavení NKÚ v porovnání s obdobnými institucemi v naší historii a ve vybraných státech EU / The reserves of the constitutional position of the SAO in comparison of similar institutions in our history and selected European countriesNeusserová, Sandra January 2016 (has links)
This diploma thesis deals with historical development of the Czech Supreme Audit Office and its foreign analogies. The subject of the thesis is to evaluate the current legal status of the Supreme Audit Office and then propose possible modifications with reference to the regulatory audit institutions in European countries. The diploma thesis is divided into two parts. The theoretical part contains material study, theoretical introduction to the control and audit and then examines in detail the historical progress of the Supreme Audit Office in the Czech Republic to its current form. Other chapters are focused on different foreign institutions which are responsible for the national audit. The practical part highlights the differences between the control authorities. The comparison of individual offices is analysed on the basis of the Lima Declaration of Guidelines on Auditing Precepts.
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Srovnání podnikatelského prostředí malých a středních firem v České republice a ve Francii na příkladu české společnosti Intriple, a.s. / Comparison of SME's the business environment in Czech Republic and in France in application of Czech company Intriple a.s.Payard, Marcela January 2008 (has links)
The thesis is a comparison between the business environment in Czech Republic and in France in term of SME's definition, legal forms of enterprise and different steps for a creation of enterprise in both countries. The thesis compares as well the tax and the social insurance in France to the Czech Republic system. The information founded is used by a Czech company to setup a branch office in France. The objective of the thesis is to evaluate the feasibility of this strategic concept of branch creation.
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Analýza spolupráce s úřady práce při náboru zaměstnanců (FOXCONN CZ s.r.o. - výrobní pobočka Kutná Hora) / Analysis of cooperation with employment offices with recruitment (FOXCONN CZ s.r.o. - production branch in Kutná Hora)Komárková, Irena January 2008 (has links)
First part of thesis describes the theoretical basis of theme. The first section relates to legislative regulation of employment area including its development from 2004. The second chapter attends to cooperation possibilities of employers and employment offices. Second part of thesis concentrates on analysis of situation of particular employer - FOXCONN CZ company. The first section of this part describes the company in light of its history, positions and present cooperation with employment offices. The second section characterizes situation on regional employment market including history of local employment office and interview with its employees. The last chapter contains the particulat analysis of present cooperation methods with employment offices, economical view on this problem and final recommendations.
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The Prague Real Estate Market / The Prague Real Estate MarketChovanec, Roman January 2008 (has links)
This thesis is an analysis of the major segments of the real estate market in Prague. It covers office, retail, industrial, hotel and residential real estate and the investment market behind these segments predominantly from the perspective of an institutional investor. In the thesis, theoretical fundamentals behind real estate development are connected to the present state of the market. The thesis provides an overview of the supply and demand, prices, yields, vacancy rates and major trends or developments in each segment. The analysis of the present state of the market is also connected to the economic crisis. The thesis covers both the reasons behind the depressed and dormant state of the market and emerging trends into the years ahead.
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從懲戒角度看會計師事務所總分所之審計品質—基於中國大陸上市公司的實證分析 / On the Association between Audit Headquarter Office and the Sanction Likelihood: Evidence from China官梅, Guan, Mei Unknown Date (has links)
摘要
本文之目的即從懲戒角度探索會計師事務所總、分所之審計品質差異。本文採用 2010~2015年中國大陸上市公司數據,通過實證迴歸得出了以下結論:從中國大陸本土“八大”、“十二大”來看,本文發現總所之會計師審計品質更高,被監管機關懲戒之可能性更低,這與本文之預期相符。同時,研究發現“十二大”會計師事務所總所之會計師在懲戒後改善效果比分所好。 / Abstract
The objective of this thesis is to examine whether audit quality, measured as the auditor sanction likelihood, differs across auditors from headquarter office and those from other branch offices.
Using a sample of listed firm in China during 2010 and 2015, my paper provides the following empirical findings. First, focusing on Big 8 or Big 12, I find that auditor from headquarter office have greater audit quality and, thus, are less likely to be sanctioned by regulatory agency or professional body, consistent with my hypothesis. Meanwhile, analyses reveal that auditors from headquarter office improve auditor quality more than those from branch office in the post-sanction period for a sub sample of firm-years audited by Big 12.
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