La corruption se définit de la manière la plus large comme tout « abus de pouvoir aux fins d’un profit privé ». Sous ses différentes formes, elle apparaît intimement liée à l’exercice du pouvoir. Cette dimension politique en fait l’envers de la démocratie, ainsi qu’un phénomène criminel particulièrement difficile à identifier, poursuivre et réprimer. Au cours des dernières décennies, elle aurait acquis une nouvelle dimension mondiale, rendant nécessaire une constante adaptation des dispositifs tant préventifs que répressifs. Cependant, le système pénal anti-corruption semble tributaire des profondes tensions générées par la confrontation permanente de la logique de l’État de droit à celle du pouvoir. Les résistances politiques s’avèrent nombreuses dans la perspective de diminuer les obstacles à une pleine efficacité répressive. Le juge pénal se trouve alors placé en première ligne de ce processus dialectique. Par son audace investigatrice et sa jurisprudence compensatrice, il contribuerait de manière décisive à faire évoluer le droit et, plus largement, à redéfinir les équilibres démocratiques entre pouvoir et contre-pouvoir. Sur le plan national, la justice acquiert ainsi une autonomie, une légitimité et une indépendance inédites. À travers la lutte contre la corruption transnationale, ce droit sous haute tension doit répondre au double défi de son efficacité et de son extranéité. L’approche systémique de la lutte contre la corruption permet alors de penser la cohérence d’ensemble des dispositifs juridiques, qu’il s’agit d’aligner suivant le même but : constituer une barrière protectrice pour le bien commun / Corruption is defined, in the broadest sense as any “abuse of power for private gain”. In its various forms, this phenomenon appears to be closely linked to the exercise of power. This political dimension makes it the opposite of democracy, as well as a criminal phenomenon which is particularly difficult to identify, prosecute and control. In the last decades, corruption has acquired a new international dimension that seemingly requires the constant adjustment of measures and provisions of law. However, the system dedicated to anti-corruption is seemingly born out of deep tensions generated by the permanent confrontation of the logic of the rule of law with the logic of power. There remains much political resistance to addressing the enforcement gap and remove the barriers to full repressive efficiency. The criminal judge is therefore placed at the forefront of this dialectical process. Through his investigative boldness and establishment of compensatory jurisprudence, the criminal judge contributes decisively to developing the law and, more broadly, to redefine the democratic balance between power and countervailing checks and balances. Nationally, justice thus acquires unprecedented autonomy, legitimacy and independence. Through the fight against transnational corruption, this law under high pressure must meet the dual challenge of its effectiveness and its foreignness. As a result, the systemic approach to the fight against corruption suggests we might think legal provisions in their overall consistency, with respect to their final aim: provide a line of defense for the common good

The phrase “sweet sixteen and never been kissed” refers to the innocence of childhood and the coming of age of children. It also relates to the increased need for autonomy by adolescents. However, it is highly improbable that the average child in South Africa, when reaching the age of sixteen years, has never been kissed. Children’s rights are categorised as rights of protection (the state and parents have a duty to protect children from sexual abuse and exploitation) and rights of autonomy. The Choice on Termination of Pregnancy Act 92 of 1996 provides for the right of female children of any age to consent to the termination of a pregnancy if all the requirements are met. In terms of the Children’s Act 38 of 2005, persons who are responsible for the care of a child must guide, advise and assist such child. A child must have access to information regarding sexuality and reproduction, and has clear rights from a young age with regard to consenting to medical treatment and HIV testing, as well as to access to contraceptives. Sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 deal with consensual sexual acts with adolescents - a person who commits a sexual act with an adolescent is, despite the consent of such adolescent, guilty of an offence. Adolescents and children between the ages of sixteen and eighteen years can also be offenders. There is an obligation on a person with knowledge of a sexual offence that has been committed to report same to the South African Police Service. The particulars of a convicted person must be inserted in the National Register for Sex Offenders. These reporting obligations limit the child’s rights to consent to the termination of a pregnancy, to access contraceptives and confidential contraceptive advice and to consent to HIV testing. It also limits the ability of adults to provide children with sex education, advice and guidance. The court in the The Teddy Bear Clinic for Abused Children and RAPCAN v Minister of Justice and Constitutional Development and National Director of Public Prosecutions (73300/2010) [2013] ZAGPPHC 1 (4 January 2013) found that certain sections of the Sexual Offences Act are unconstitutional. However, three main issues remain unaddressed. Firstly, the above-mentioned provisions in the Choice on Termination of Pregnancy Act and the Children’s Act still send out contradictory messages, leading to legal uncertainty. Secondly, the diversion provisions of the Child Justice Act 75 of 2008 are not, in totality, relevant to consensual sexual acts between children, and expose children to the criminal justice system. Thirdly, the reporting provisions of the Sexual Offences Act pose serious challenges. To address the above, it is recommended that the state should embark on a nation-wide information campaign, the national statutory and institutional framework should be reviewed, rationalised and aligned, information relating to the appropriate education of children should be disseminated, and the reporting requirement in the Sexual Offences Act be amended. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Private Law / UPonly

La multiplication des pactes d’actionnaires dans les sociétés anonymes non cotées françaises et libanaises ne permet plus de reléguer leur efficacité au second plan, comme cela se faisait fréquemment dans la plupart des études consacrées aux pactes d’actionnaires. A la lumière des développements législatifs et jurisprudentiels rappelant ou affirmant la primauté de l’exécution en nature des obligations, cette thèse tente d’analyser les obstacles qui gênent l’exécution des pactes d’actionnaires et les moyens de les éviter ou de les contrer en vue d’assurer une efficacité optimale aux pactes. Ce faisant, les diverses limites qui sont systématiquement invoquées contre l’efficacité des pactes d’actionnaires seront passées en revue pour s’assurer de leur opportunité et de leur portée ; ceci aidera à affirmer la particularité des pactes d’actionnaires par rapport aux statuts sociaux, notamment pour ce qui se rapporte à l’ordre public sociétaire qui leur est applicable. Le but ultime se révélera être celui de rapprocher les solutions des droits français et libanais de celles des droits anglo-américains pour éviter, d’une part, l’abandon des lois françaises et libanaises et leur remplacement par les lois anglo-américaines, et, d’autre part, les problèmes de compatibilité qui pourraient survenir lorsque le pacte d’actionnaires est régi par une loi autre que la lex societatis. / The increase of the number of shareholders’ agreements in French and Lebanese unlisted joint-stock companies does not allow to relegate their efficiency to a second rank anymore, as it was frequently the case in most of the studies dedicated to shareholders’ agreements. In light of the legislative and judicial developments reminding or asserting the predominance of the specific performance of obligations, this thesis attempts to analyse the hurdles that hinder the enforcement of shareholders’ agreements and the means to avoid or overcome them in order to ensure an optimal efficiency of shareholders’ agreements. In doing so, the various limits to the efficiency of shareholders’ agreements that are systematically invoked shall be examined to verify their relevance and scope; this shall help to assert the particular nature of shareholders’ agreements in comparison to the by-laws of the company, especially in relation to the public policy in corporate matters that is applicable to them.The ultimate goal shall be to bring the solutions of the French and Lebanese laws closer to those of the Anglo-American laws to avoid, first, the laying aside of the French and Lebanese laws and their replacement by the Anglo-American laws, and second, the compatibility issues which may arise in case the shareholders’ agreement is governed by a law other than the one governing the company.

O presente estudo tem por escopo principal verificar a aplicabilidade do princípio da paridade de armas na cooperação jurídica internacional penal. Em face dessa premissa, analisam-se os regramentos nacionais e internacionais que devem ser levados em consideração pelos Estados que se intitulam Democráticos e, sobretudo, de Direito, a fim de assegurar uma persecução penal equânime, sob a ótica dos princípios do contraditório, da ampla defesa e da igualdade processual entre acusação e defesa. Para tanto, realizou-se um levantamento bibliográfico, a partir do qual se buscou elidir visão reducionista da cooperação jurídica internacional, no sentido de que não se olvide que no outro lado da missão punitiva do Estado encontra-se uma pessoa, com inúmeras garantias e direitos historicamente assegurados. No primeiro capítulo, aborda-se a cooperação jurídica internacional sob três aspectos: histórico, principiológico e analítico-descritivo. No segundo capítulo, estudam-se os princípios e garantias inerentes ao devido processo legal, os quais não podem ser suprimidos, sobretudo em âmbito internacional, por se tratar de direitos humanos consagrados. O terceiro capítulo aborda a instrumentalidade decorrente do cabedal teórico construído nos capítulos anteriores. Assim, a produção da prova em processos penais transnacionais é analisada sob o viés da cooperação jurídica internacional, passando-se pelo mecanismo do auxílio direto fundamentado em acordos bilaterais e pelas tentativas de equilibrar o sistema dentre outras, a possibilidade de se utilizar essa modalidade na cooperação internacional penal para a produção de prova em prol da defesa , para então se propor que a Defensoria Pública da União possa atuar a fim de promover o acesso internacional à justiça e a efetiva equalização do regime cooperacional. Por fim, reputa-se que o futuro da cooperação jurídica penal internacional está em se disponibilizar à defesa os mesmos mecanismos disponíveis à acusação, em plena e devida igualdade, haja vista não existir valor maior a ser respeitado do que a dignidade da pessoa humana. / The presente work has as main scope to verify the applicability of the equality of arms in international legal assistance in criminal matters. Given this premise, it attempts to analyze international and national specific regulations that must be taken into consideration by the states that call themselves democratic and, above all, of law, in order to ensure an equitable criminal prosecution, from the perspective of the principles of adversary proceeding, full right to defense and the equality of arms. Therefore, we carried out a literature review, from which it was sought to elide reductionist view of international legal assistance, in the sense that we cannot forget that, on the other side of the punitive function of the State, there is a person with numerous safeguards and rights provided historically. The first chapter deals with the international legal assistance in three aspects: historical, applicable principles and analytical-descriptive. In the second chapter, we study the principles and guarantees inherent to the due process of law, which can not be suppressed, because it is enshrined human rights. The third chapter addresses the instrumentality derived from the theoretical leather built in previous chapters. Thus, the production of evidence in transnational criminal proceedings is examined under the bias of international legal assistance, going up by the reasoned direct assistance mechanism of bilateral agreements and by attempts to balance the system, among others, the possibility of using this modality in international criminal cooperation for the production of evidence for the defense, and then propose that the Public Defense can act to promote international access to justice and the effective equalization of cooperacional regime. Finally, it believes that the future of international legal assistance in criminal matters is to make available to the defense the same mechanisms available to the charge, in full and due equal rights, because there is no greater value to be respected than the dignity of the human person.

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This thesis deals with the analysis of the pricing environment of the OOH advertising media market in the Czech Republic. The theoretical part introduces the concept of marketing communication, but also touches upon advertising as such, including a description of different types of traditional mass media and their role in society. Furthermore, this thesis focuses on a specific communication channel - outdoor advertising. It presents its history, development, planning process and trends. The thesis describes the different types of formats offered on the Czech market, including innovative and alternative ones, but also presents the current problems and limitations associated with this media type. Nevertheless, advertisers are currently investing significant sums in standard OOH advertising formats and suppliers are trying to collect increasingly accurate data to increase the effectiveness of this communication channel. The supply of outdoor advertising operators in the Czech market is concentrated in a few large players. The specific demand and offer of OOH advertising suppliers is presented in the practical part of the thesis in parallel with the offer of the contacted media agencies. In this part, it is analysed and evaluated how the outdoor advertising market reacts in terms of price to the...

This diploma project works out and is focused on the continual mixing process of the particular matters. The project is divided into following chapters. Chapter 1 includes mixing theory and information of the experimental work of the particular matters for blade using. In chapter 2 there is Evaluation and calculation of the technical parameters for the mixer. Chapter 3 deals with the engine proposal and chapter 4 includes calculation and design work of the gear transmission. Chapter 5 includes the stress analysis of the shaft and blade with the I-deas software. In attachment there are also the mixer arrangement drawing and detailed drawings of the key parts and groups for the mixer.

The subject of this master's thesis is the FEM analysis of the construction of the diesel particulate filter support on the tractor Zetor Forterra. The introduction of this thesis is about the theoretical part dealing with the issue of emissions from diesel engines and ways to reduce them. The following part describing the creation of the computational model. Then, the static stress-strain analysis, modal analysis and fatigue analysis are solved in the ANSYS Workbench software. The assessment of the safety of the structure in terms of limit states, that may occur during the operation of the tractor, based on the results of calculations is in the conclusion of the thesis.

5 Abstract This dissertation examines the standing of the Court of Justice of the European Union in the area of police and judicial cooperation in criminal matters, which was formally included under the umbrella of the European Union as a result of the Maastricht Treaty in the early nineties. Yet this area was excluded from the Community framework, which had a significant impact on the jurisdiction and competencies of the Court of Justice. Despite limitations arising from the construct of the third pillar, the Court of Justice took an opportunity through case law to overcome some of these limitations. The most recent milestone in the development of this area is the entry into force of the Lisbon Treaty which removed the so-called pillar structure and further limitations disappeared with the end of the transitional period. Further, existing case law of the Court of Justice in this area has been closely linked to the framework decision on the European arrest warrant, which is based upon the principle of mutual recognition and mutual trust between the EU Member States, and thus became an important part of the case law of the Court of Justice. Given the scope of this framework decision, the Court of Justice has also been frequently dealing with the issue of fundamental rights, the protection of which plays an...

This thesis analyses the pricing environment of the OOH advertising media market in the Czech Republic. In the theoretical part, it introduces the concept of marketing and marketing communication, but also touches upon advertising as such and its role in society, which is in many cases controversial. Furthermore, this thesis focuses on a specific communication channel, namely outdoor advertising. It presents its history, development and current trends. It describes the various types of formats offered on the Czech market, including innovative and alternative ones, but also presents the current problems and limitations associated with this medium. Even so, advertisers are currently investing significant sums in standard OOH advertising formats and suppliers are trying to collect increasingly accurate data to increase the effectiveness of this communication channel. The supply of outdoor advertising operators in the Czech market is concentrated in a few large players. The specific demand and offer of OOH advertising suppliers is presented in the practical section in parallel with the offer of the media agencies contacted. In this part, it is analysed and evaluated how the outdoor advertising market reacts in terms of price to the advertising demand of advertisers. The author focuses on the main and...