Thesis (J.C.L.)--Catholic University of America, 2002. / Includes bibliographical references (leaves 45-50).

The principle of subsidiarity in a criminal law Summary The Master's degree thesis analyzes the principle of subsidiarity in a criminal law as an actual topic beacause this principle is included in the new czech penal code in art. 12 para 2: "The crime responsibility and its consequences can be applied only in social harmful cases if an application of an other kind of a law responsibility is insufficient." However before the new penal code was passed the czech Constitutional Court and Supreme Court had dealed with the principle of subsidiarity in a criminal law in their judgments. The first chapter reports on a general definition of the principle of subsidiarity and the ultima ratio principle and concludes that the phrasing in the citied art. 12 para 2 is too "thin" because the criminal law should be subsidiary not only to the other law but also to the all social tools. The second chapter deals with the principle of subsidiarity as a rule for an interpretation. In the new czech penal code this principle can be used only for the interpretation of these words describing crimes which are not expressed to unequivocal. The next chapter refers to the german "theory of law goods" (Rechtsgutstheorie) and the term social harm. The judgements of the german Constitutional Court are taken into consideration. The...

The Principle of Subsidiarity of Criminal Repression Abstract This Master's Thesis deals with the principle of subsidiarity of criminal repression, one of the basic principles of substantive criminal law, which was first enacted in the Czech criminal law as lately as in the new 2009 Criminal Code. The principle of subsidiarity of criminal repression is expressed by the fact that the means of criminal law can be applied only in socially harmful cases where the application of criminal liability is not sufficient under another legal enactment. Simultaneously, this principle of subsidiarity of criminal repression expresses the nature of criminal law as a means of the ultima ratio, i.e. the ultimate solution. After the introduction of the functions and purpose of the criminal law itself in terms of historical development and present, an analysis of the valid legal regulation of the principle of the subsidiarity of criminal repression is presented. Adoption of the principle of the subsidiarity of criminal repression into the new Criminal Code has led to an unprecedented wide-ranging discussion of its importance in criminal law, especially its impact on the issues of the basis of criminal liability. The problems often mentioned in this discussion are in particular dealt with in the chapter on the concept of crime,...

This dissertation examines how eco-knowledge intersects with the changes to EU legal cultures and practices known as eurolegalism. This conjunction has created a mechanism for the extension of EU law in the Member States even in the face of a weakened EU. Through a portfolio of six articles, controversies over the protection of wolves in Sweden are used to illustrate and explicate the changing roles and responsibilities of various actors in protecting species, and the centralization of competence for environmental protection in Europe at the EU level. In doing so, some substantive requirements of the Habitats Directive are also analyzed. The first article maps the movement of competence to determine conservation policy towards the EU level and away from international and Member State actors. The second article examines what the EU requires of its Member States by analyzing the Habitats Directive’s key concept, favourable conservation status. It also makes normative arguments for how contested aspects of this concept should be interpreted to best achieve the Directive’s conservation goals. The third article deepens this analysis by applying these arguments to the Swedish wolf population. The fourth article is a case commentary illustrating the enforcement of the Habitats Directive through public interest litigation to stop the hunting of Swedish wolves. The fifth argues that the greater availability of public interest standing in the US than in the EU has led to the greater implementation of federal law. The sixth argues that greater availability of public interest litigation in Sweden than previously is also leading to the greater enforcement of “federal” EU law. Each of these articles demonstrates or explains factors that lead to the hollowing out of state power in favor of the EU and interest groups. / <p>Cover photo by Guillaume Chapron</p>

La subsidiarité joue, dans le registre du droit public européen, sur deux paliers : celui de la répartition des compétences entre l'Etat et les collectivités territoriales et celui des relations entre les pouvoirs publics et les personnes privées. Applicable à la répartition des compétences entre les autorités centrales et décentralisées d'un Etat, la subsidiarité territoriale est susceptible de justifier la politique de décentralisation et les transferts de compétences subséquents, et de renforcer ainsi l'autonomie locale. Notre thèse cherche à vérifier cette hypothèse, dans le contexte engendré par l'introduction du principe de subsidiarité dans le texte constitutionnel français, à la suite de la révision constitutionnelle de l'année 2003. Le concept d'autonomie locale est, d'abord, circonscrit. Ensuite, sont analysés les changements que la subsidiarité apporte aux limites et au contenu de l'autonomie locale française. Une démarche similaire est appliquée à l'analyse du système juridique roumain, dans le contexte où le principe de subsidiarité est présent dans certains textes normatifs infra constitutionnels régissant les services publics et l'administration publique locale. / In European public law, subsidiarity plays its role at two levels : that of the distribution of competences between the State and the local government units and that of the relations between public authorities and individuals. Applicable to the distribution of competences between central and local decentralized authorities in a State, territorial subsidiarity is likely to justify the decentralization policy and the transfers of competences implied by it, and to enhance, therefore, local autonomy. Our dissertation aims at checking this hypothesis, in the context generated by the introduction of the principle of subsidiarity in the French Constitution, subsequent to its revision in 2003. First, the concept of local autonomy is circumscribed. Then, the limits and the content of French local autonomy are analyzed, from the point of view of the ways in which they have been influenced by subsidiarity. A similar approach follows for the Romanian legal system, in the context in which the principle of subsidiarity appears in certain statutes governing the public services and the local public administration.

A presente dissertação tem por objetivo solucionar duas questões acerca do enriquecimento sem causa. Primeiramente, busca definir se há utilidade na aplicação da figura jurídica, ou seria caso de uma regra descartável no ordenamento jurídico privado brasileiro. A partir da resposta à primeira indagação, questiona-se qual o campo de incidência da regra de vedação ao enriquecimento sem causa. Destarte, será possível formular um critério rígido, que evite a arbitrariedade do julgador na aplicação de normas abertas e cláusulas gerais. Porém, cabível um critério abrangente, vez que inclui no conceito de enriquecimento sem causa novo parâmetro, para além da posição tradicional. Para tanto, imprescindível analisar os elementos e fundamentos do enriquecimento sem causa e da subsidiariedade de maneira a evitar sua aplicação desmedida e sem critérios, ao bel-prazer do julgador. A hipótese, derradeiramente, repousa na necessidade de estabelecimento do campo de atuação da figura jurídica que fundamente o critério de aplicação no caso concreto. / The present dissertation has as a goal to solve two questions regarding the unjustified enrichment. First, it aims to define if there is any use in the application of the juridical figure or if it is the case of a disposable rule on the Brazilian private juridical order. Then, based on the answer to the first inquiry, it is questioned which is the application field for the prohibition to the unjustified enrichment. Therefore, it will be possible to formulate a rigid criterion that prevents the arbitrarity of the ruler in the applications of open norms and general terms. However, been appropriate a comprehensive criterion once it includes in the unjustified enrichment concept a new parameter, beyond the traditional understandment. For that matter, it is indispensable to analyze the elements and foundations of the unjustified enrichment and the subsidiarity in a way to prevent its unmeasured application, without any criteria and at the will of the ruler. Finally, the hypothesis lays on the necessity for the establishment of the action field of the juridical figure that justify the application criteria in the actual case.

In this study, the attitude of the European Union towards the Principle of Subsidiarity and the way it utilizes this principle is analyzed. Besides putting forward the fundamental principles of subsidiarity within the historical framework that it has evolved through, the factors that made the Union adopt subsidiarity and the attitude of the Community institutions towards this principle are examined. In this regard, the role that the principle of subsidiarity has played in the European integration process so far and those that it may play in the future formation of the Union is discussed.

Thesis (Ph. D.)--Duquesne University, 2004. / Title from document title page. Abstract included in electronic submission form. Includes bibliographical references (p. 319-333) and index.

In the tumultuous political climate following Brexit, the European integration lives on borrowed time. With the ever-increasing need for democratic legitimacy on the EU stage, the ‘Early Warning Mechanism’ is viewed by many as the last salvation. Since its introduction to the EU with the Treaty of Lisbon of 2007, it has been used to trigger a subsidiarity test three times, issuing so called ‘yellow cards’ to the Commission, and forcing it to review its proposal on grounds of subsidiarity. However, the Commission has ruled in favor of itself at every instance, making both the EU and the Member States question its efficiency. By presenting the three yellow cards, this study aims to scrutinize the Commission’s and the Member States’ involvement in the EWM while discussing their views on subsidiarity as a whole.

Doctor Legum - LLD / Uganda, like many African countries in the 1990s, adopted decentralisation as a state reform measure after many years of civil strife and political conflicts, by transferring powers and functions to district councils. The decision to transfer powers and functions to district councils was, in the main, linked to the quest for democracy and development within the broader context of the nation state. This thesis' broader aim is to examine whether the legal and policy framework of decentralisation produces a system of governance that better serves the greater objectives of local democracy, local development and accommodation of ethnicity. Specifically, the thesis pursues one main aim: to examine whether indeed the existing legal framework ensures the smooth devolution process that is needed for decentralised governance to succeed. In so doing, the study seeks, overall, to offer lessons that are critically important not only for Uganda but any other developing nation that has adopted decentralisation as a state-restructuring strategy. The study uses a desk-top research method by reviewing Uganda's decentralisation legal and policy frameworks. In doing so, the thesis assesses decentralisation's ability to deepen democracy, its role in encouraging development and its ability to accommodate diversity. After reviewing the emerging soft law on decentralisation, the thesis, finds that Uganda's legal framework for decentralisation does not fully enable district councils to foster democracy, facilitate development and accommodate diversity. The thesis argues that the institutions that are created under a decentralised system should be purposefully linked to the overall objective of decentralisation. Giving a historical context of Uganda's decentralisation, the thesis notes that institutional accommodation of ethnic diversity in a decentralised system, particularly so in a multiethnic state, is a vital peace building measure. It is argued the exclusion of ethnicity in Uganda's decentralisation is premised on unjustified fear that ethnicity is potentially a volatile attribute for countries immerging from conflict. It maintains that the unilateral creation of many districts, the adoption of a winner-takes-all electoral system, the absence of special seats for ethnic minorities as well as the vaguely defined district powers and functions do not serve the overall objective of decentralisation. The thesis also finds that district councils are overregulated, with little respect for their autonomy, a phenomenon that is highly nostalgic of a highly centralised state. The thesis therefore calls for immediate reforms of Uganda's decentralisation programme.