The paper is an elaboration of the speech held by the author on 20 April 2023 in Milan in the conference regarding the burden of proof in the new Italian civil trial. The author analyzes to what ...extent Italian labour judges are entitled to exercise their ex officio powers. It is emphasized how such powers are important to reach decisions based on the actual reality of the facts. The paper examines also the limits of ex officio powers, with regard to the principle of an adversarial process and to the proof of secondary facts.
This article offers two theoretical contributions. First, we develop the concept of administrative burden as an important variable in understanding how citizens experience the state. Administrative ...burden is conceptualized as a function of learning, psychological, and compliance costs that citizens experience in their interactions with government. Second, we argue that administrative burden is a venue of politics, that is, the level of administrative burden placed on an individual, as well as the distribution of burden between the state and the individual, will often be a function of deliberate political choice rather than simply a product of historical accident or neglect. The opaque nature of administrative burdens may facilitate their use as forms of "hidden politics," where significant policy changes occur without broad political consideration. We illustrate this argument via an analysis of the evolution of Medicaid policies in the state of Wisconsin. Across three Governorships, the level of burden evolved in ways consistent with the differing political philosophies of each Governor, with federal actors playing a secondary but important role in shaping burden in this intergovernmental program. We conclude by sketching a research agenda centered on administrative burden.
El presente trabajo tiene por objeto analizar la estructura, contenido y efectos de la nueva Directiva (UE) 2017/1852 del Consejo, de 10 de octubre de 2017, relativa a los mecanismos de resolución de ...litigios fiscales en la Unión Europea, la cual establece un marco armonizado y transparente para resolver litigios dirigido a favorecer un entorno empresarial propicio a las inversiones que otorgue seguridad jurídica y donde los mecanismos de resolución sean integradores, eficaces y sostenibles.
In a landmark decision, the Supreme Court of the Philippines held 'en banc' that, during refugee status determination (RSD), 'there is a shared and collaborative burden between the applicant and the ...protection officer'. The case concerned a Pakistani national seeking refugee protection on the ground of alleged religious persecution due to his religious conversion. The Refugees and Stateless Persons Protection Unit (RSPPU) of the Department of Justice - which is responsible for determining asylum claims in the Philippines - had found against the applicant because he had said during his interview that he was neither forced nor compelled to change religion; he was merely persuaded. Noting that the RSPPU has specialized knowledge and expertise in this area, the Court of Appeal below upheld the RSPPU's decision, observing that the RSPPU's 'factual findings are generally accorded great respect, if not finality, by the courts'
Dempster–Shafer evidence theory has been widely used in various fields of applications, because of the flexibility and effectiveness in modeling uncertainties without prior information. However, the ...existing evidence theory is insufficient to consider the situations where it has no capability to express the fluctuations of data at a given phase of time during their execution, and the uncertainty and imprecision which are inevitably involved in the data occur concurrently with changes to the phase or periodicity of the data. In this paper, therefore, a generalized Dempster–Shafer evidence theory is proposed. To be specific, a mass function in the generalized Dempster–Shafer evidence theory is modeled by a complex number, called as a complex basic belief assignment, which has more powerful ability to express uncertain information. Based on that, a generalized Dempster’s combination rule is exploited. In contrast to the classical Dempster’s combination rule, the condition in terms of the conflict coefficient between the evidences
is released in the generalized Dempster’s combination rule. Hence, it is more general and applicable than the classical Dempster’s combination rule. When the complex mass function is degenerated from complex numbers to real numbers, the generalized Dempster’s combination rule degenerates to the classical evidence theory under the condition that the conflict coefficient between the evidences
is less than 1. In a word, this generalized Dempster–Shafer evidence theory provides a promising way to model and handle more uncertain information. Thanks to this advantage, an algorithm for decision-making is devised based on the generalized Dempster–Shafer evidence theory. Finally, an application in a medical diagnosis illustrates the efficiency and practicability of the proposed algorithm.
This Article analyzes the interaction between the burden of proof and evidentiary discovery rules. Both sets of rules can affect incentives for prospective injurers to invest in evidence technology ...(i.e., ex ante investments that increase the quantity and quality of evidence in case an accident occurs). This interaction becomes acutely important in the private international law setting, where jurisdictions are split on the question whether the burden of proof should be treated as a substantive or procedural matter. When a tort occurs in Europe, but the case is litigated in American courts, treating the burden of proof as a procedural matter preserves the complementarity of incentives created by the burden of proof and evidentiary rules. Conversely, treating the burden of proof as a substantive matter creates a mismatch in incentives created by the burden of proof and evidentiary rules.
In May 2021 the High Court in 'Re Edwards' found that Whakatohea hapu and other applicant groups were entitled to statutory recognition, under the 'Marine and Coastal Area (Takutai Moana) Act 2011', ...of customary title over the marine and coastal area in various parts of the eastern Bay of Plenty. The marine and coastal area (or takutai moana) is the area between the mean high-water mark and the outer boundary of the territorial sea. The judgment in 'Re Edwards' is a landmark decision and there are many things about it to be lauded. The purpose of this note, however, is not to repeat what has already been said. I will summarise the case and its background, and then comment on the Court's treatment of the burden of proof and, more briefly, the requirement for exclusivity in establishing customary marine title over the takutai moana.
The subject of the analysis in the article is the institution of enterprise forfeiture (Article 44a of the Act of June 6, 1997, Penal Code), which is the state's criminal law response to the crime ...committed by the perpetrator. The normative structure of the title institution expresses the presumption that through the enterprise, the perpetrator obtained, even indirectly, a financial benefit of significant value. In turn, in the context of criminal proceedings, this institution introduces an exception in the method of proof, which is based on the rule of onus probandi (burden of proof). The legal exegesis on the forfeiture of an enterprise carried out in the study indicates that this institution is a breach in the process of proof based on the onus probandi rule in favor of the presumption that the enterprise and its components are the result of a crime and illegal benefits that the perpetrator obtained by committing a prohibited act. Therefore, the study posed a research question about the shape of the proof process based on the norm of Art. 44a of the Penal Code.
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