Le rôle du maire en temps de crise Némery, Jean-Claude
Revue française d'administration publique,
01/2021, Letnik:
176, Številka:
4
Journal Article
Recenzirano
Odprti dostop
Au printemps 2020, les maires ont été en première ligne pour faire face aux aspects non strictement sanitaires de l’épidémie de Covid-19, et en particulier, au confinement de la population. Le ...présent texte s’appuie sur des rapports du Parlement et de l’Association des maires de France pour analyser leur action en citant de nombreux exemples. De manière générale, il souligne leur indispensable rôle de terrain souvent peu ou mal compris.
Abstract
South Africa is well known for being one of the first countries to implement management procedures that had been fully tested using Management Strategy Evaluation (MSE). Beginning in the ...early 1990s, Operational Management Procedures (OMPs) have been developed and implemented for the fisheries for seven important commercial species. Barring a few teething problems, for the first two decades, South Africa's track record of OMP implementation, with OMP-recommended catch limits being signed off by the responsible Minister without change, was exemplary. The sustainable management of some fisheries using OMPs continues without mishap, with regular reviews. However, the past decade has resulted in a number of deviations of decisions from OMP outputs following the declaration of “Exceptional Circumstances” (ECs). This occurred when a resource moved outside the range of scenarios tested at the time the OMP was developed. The reasons why ECs were declared, the methods used to recommend catch limits during ECs and whether ECs might have been avoided are reviewed. The experience gained over three decades of managing fisheries using MSE provides a basis to assess whether the highly time-intensive task of developing these OMPs has been worth the expected benefits, and to provide recommendations related to lessons learned.
The state is based in its construction on a set of principles and foundations that in their entirety fall within the context of building a state of law and this is achieved through constitutional ...institutions that both the constitutional founder and the Algerian legislator endowed with a representative character .and one of the most important of them is the presidency of republic represented by the president of republic where did the constitutional founder enshrined and emphasized that the president of republic is the head of state embodying the unity of the nation and the protector of the constitution and throw as well the powers granted to him in severalfiles witch clearly shows his representative role as the first body in the executive authority . he has several competencies and powers that express his representative role granted by the constitution and the laws of republic whether in normal or exceptional circumstances especially in light of the constitutional amendment of 2020. The representation system has been set to guarantee to citizen the right to represent and to be represented at the same time.
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For unmet medical needs, the European Union has established fast-track regulatory pathways for ensuring patients’ access to essential treatments. It is the case of the Conditional ...Marketing Authorisation (CMA) and the Authorisation under “Exceptional Circumstances” (EXC), which can be granted even if the clinical part of a medicinal product’s dossier is not yet complete. The article aims to discuss the peculiarity of such regulatory pathways and assess the impact of their application on products’ market access and penetration. A review of the regulatory history of medicines authorised with EXC or CMA has been performed on European Institutional databases (e.g., EMA portal, Union Register). Excluding vaccines, 71 CMAs and 51 EXCs were granted in the EU from 2002 and 2006, respectively, to 2022. Most CMAs have been released for the treatment of different types of tumours, while most of EXCs for alimentary tract and metabolism diseases, especially in the paediatric population, addressing unmet medical needs. Therefore, both regulatory pathways are effective for placing on the market essential medicines, preserving the initial positive benefit-risk balance. However, on average, CMAs are converted into “normal” authorisations only after a time which is significantly longer than the provided one-year renewal period, suggesting that such a regulatory pathway is still far from optimized.
The COVID-19 pandemic has raised consciousness across the globe of how constitutions respond to crises. This article examines the issue of the Palestinian President declaring a state of emergency in ...Palestine on March 5, 2020, under Presidential Decree No. 1 of 2020, to confront the spread of the Coronavirus. However, the President continues to extend the thirty-day state of emergency ten times. In addition, the article discusses a crucial issue associated with the extent to which the extended constitution of emergency in Palestine lasts, as the Basic Law only allows him to declare the state of emergency for a one-time limit. The article aims to clarify the constitutionality of the extension of the state of emergency in Palestine, in addition to placing some legal alternatives to avoid the President’s breach of the Basic Law. To achieve the objectives of the article, socio-legal research using a qualitative approach and face-to-face interviews was adopted. Accordingly, findings show the inconsistency of the extension of the state of emergency with the Basic Law due to the suspension of the role of the Legislative Council in Palestine. The article emphasizes and recommends that the role of the Legislative Council shall be activated to oversee the presidential decrees extending a state of emergency issued by holding the legislative elections in Palestine.
Reimbursement policies influence access of patients to orphan drugs in the European countries.
To provide a comprehensive description of orphan drug reimbursement policies and to assess reimbursement ...decision-making process in the EU-CEE countries as well as the impact of the type of approval and disease on reimbursement decisions.
For each drug, the information regarding conditional approval or approval under exceptional circumstances was obtained from the EMA website. The reimbursement status for analyzed drugs was collected in a questionnaire survey performed in a group of experts in reimbursement policy. The agreement between countries was assessed using the κ coefficient, nominal variables tests were compared using the χ2 test or the Fisher exact test. The impact of the EMA's conditional approval and approval under exceptional circumstances was assessed using logistic regression and presented as an odds ratio (OR).
The analysis revealed that most orphan drugs were authorized for the treatment of oncological or metabolic diseases 36 drugs (38%) and 22 drugs (23%), respectively. The shares of reimbursed orphan drugs varied significantly (
= 0.0031) from 6.3% in Latvia to 27.4% in Poland. No correlation (
= 0.02;
= 0.9583) with GDP per capita was observed. The highest agreement in reimbursement decisions was observed between Estonia and Lithuania, and the lowest - between Estonia and Latvia, with kappa of 0.69 and 0.11, respectively. Significant impact of the type of approval and reimbursement status was observed for Czechia, Lithuania and Slovakia where conditional approval and exceptional circumstances negatively influenced reimbursement decision. Type of disease has significant influence on reimbursement decision in 4 out of 10 analyzed countries with significant outweigh of positive decisions for oncological diseases.
In considered countries specific regulations on reimbursement of orphan drugs are valid but in Lithuania and Romania no formal HTA process was employed; in case of some countries higher ICER values for orphans are used. The share of reimbursed orphan drugs varied significantly across the countries, but it was not associated with GDP per capita.
Abstract
Preventing the overconcentration of power is a central component of Western constitutional thought. However, in the British constitution power is generally concentrated in representative ...legislatures. Although these legislatures generally possess legitimating characteristics that courts lack, we cannot assume that this balance will hold true for all time. This article argues that the common law judicial review jurisdiction contains a power to invalidate the Acts of representative legislatures in certain extreme, hypothetical situations. The seeds of this line of thought began with dicta from a minority in Jackson v Attorney General and similar claims have appeared in several other landmark cases, such as AXA Insurance v Lord Advocate and Moohan v Lord Advocate. Rather than something novel, the power to invalidate legislation is best understood as a natural outgrowth of the seeds of a theory of legislative legitimacy present in the common law that began in the late 20th century.
El presente trabajo tiene por objeto analizar la figura de la caducidad de los permisos de construcción en el ordenamiento chileno, dando cuenta de su actual regulación y de los aspectos más ...problemáticos. En particular, se sostiene que la caducidad opera de manera automática trascurrido el plazo de tres años de concedido si no se hubieren iniciado las obras correspondientes o si estas hubieren permanecido paralizadas durante el mismo lapso. Ahora bien, la ocurrencia de circunstancias excepcionales, como una pandemia, permite a la autoridad competente a suspender dicho término, lo cual ha sido reconocido por la jurisprudencia judicial y administrativa
The purpose of this paper is to analyze the figure of the expiration of construction permits by considering the most problematic aspects of its current regulation. In particular, it is argued that although the expiration operates automatically, after the three-year term has elapsed from the date granted, the concurrence of exceptional circumstances allows the urban planning authority to suspend said period. This practice occurs if the corresponding works have not started or if they have remained paralyzed during the same period, and has been recognized by judicial and administrative jurisprudence
The Article considers the issue of ensuring the constitutional principle of equality of litigants before the law and the court during review of the judgement in view of the exceptional circumstances ...after consideration of the case by the Constitutional Court. Based on the study of legal nature of such consequences of nullity of the law as pro futuro, ex nunc, ex tunc, the risks of violation of the constitutional right of a person to judicial protection shall be established. The aim of the Article is to detect the objective demonstration of the constitutional principle of equality of litigants before the law and the court. The methods of the study: system, dialectical, integrative, interdisciplinary and scientific methods applied to detect the interrelation between the constitutional principle of equality of arms and its practical demonstration in litigation process. The main results of the study. Two components affecting the efficiency of protection of such right have been established: future effect of the judgement of the Constitutional Court of Ukraine and impossibility to consider the application in view of exceptional circumstances if before appeal to the Constitutional Court of Ukraine a person’s claim was dismissed in full under the applicable laws and was further declared unconstitutional by the Constitutional Court. The erroneous legal position of the supreme court in the system of the judiciary of Ukraine was proved in terms of the impossibility of initiating proceeding in exceptional circumstances after delivery of the judgement of the Constitutional Court of Ukraine due to the fact that the person’s claim had previously been dismissed and such a judgement does not provide for its enforcement. This conclusion deprives a person of the right to a final trial at the national level in accordance with the procedure of applying to the court (Articles 8, 24, 55, paragraph 1 Part 2 of Article 129 of the Constitution of Ukraine). It is proposed to develop a special law establishing the grounds and procedure for compensation by the state of moral and financial damages caused by the law recognized as the unconstitutional one.
The article analyses the core and contents of the proceedings based on newly discovered or exceptional circumstances (hereinafter – PBNDEC) in the criminal procedure law of Ukraine and other European ...countries. The authors emphasize that the PBNDEC are not designed to eliminate shortcomings of the pre-trial investigation and the trial in criminal proceedings, providing the reserve function in discovering and correcting court errors, but rather serves its own purpose in the mechanism of legal defence. The order the criminal procedure activity during this stage is largely determined by the grounds for its implementation – newly discovered or exceptional circumstances (hereinafter – NDEC). The differences between both groups of such circumstances are provided. Procedural features of the PBNDEC, which separate them from the proceedings on appeal and cassation, are singled out. The goals of this stage in the criminal proceedings are formulated, and the significance of this stage has been revealed. The need for improvement in the criminal procedure legislation of Ukraine which regulates the PBNDEC has been justified.
The articles answer the questions of how efficient the regulation of the PBNDEC in the criminal procedure law of Ukraine is: whether the regulation is in agreement with the standards, whether it is established in the criminal procedure law of European countries, whether any doctrine positions regarding the core of such a stage in criminal proceedings require rethinking or additional theoretical justification, and which, of the normative regulations of such form of appeal and review of the court decisions, the principal directions for improvement are. In order to obtain answers to the aforementioned and other questions, the legal nature and the models of PBNDEC in the criminal legislation of European countries are considered in section two of the article. Section three depicts the procedural specifics of the PBNDEC in the criminal
legislation of Ukraine. Section four describes the definition, shows the goals and significance, and introduces the structure of this stage in the criminal proceedings. Section five embraces the characteristics of features of NDEC in the criminal legislation of Ukraine. In section six the grounds for the PBNDEC in the criminal procedure law of Ukraine are analysed.
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