In light of the recent COVID-19 pandemic, the paper analyzes mandatory vaccination in employment relationships in European countries. The paper focuses on three subtopics: who is competent to ...establish the mandatory vaccination requirement, in which positions mandatory vaccination is justified, and what the employer can do if the employee refuses the mandatory vaccination. The paper concludes that since the obligation to vaccinate significantly infringes on the employee’s fundamental rights, such a requirement can preferably be imposed by the state, and it must always be purposeful, appropriate, and proportionate. Vaccination can be mandatory in areas of activity determined by the state and workplaces where the employee is constantly and unavoidably in close contact with other persons. Since COVID-19 is a new and changing disease, and vaccination does not prevent infection, refusal of vaccination cannot be the basis for terminating an employee’s employment contract.
Purpose This paper aims to analyze the legal framework of land degradation in Asia and provide market shared liability as a new theory to solve a problem regarding the difficulty for judges to ...determine the percentage of compensation for corporations responsible for land degradation. This paper aims also presents a theory to solve the problem of the vacuum of legal responsibility theory, which can make corporations proportionally responsible in terms of causing land degradation. Design/methodology/approach This was done through legal research methods, mainly with systematical interpretation. The approach used in this paper is conceptual, statute and comparative approach. Findings By analyzing the related legal norms, it can be understood that in Asian countries, such as Indonesia, Thailand and Malaysia, there are regulations regarding land degradation. However, the regulations in these countries are not specific and tend to focus on nature conservation, which has an impact on handling land degradation. Therefore, it needs special regulation to deal with land degradation. One of the things that need to be regulated about land degradation is a market shared liability. Research limitations/implications This research is limited to regulation in the Asia region. By analyzing the regulation, this paper will provide an analysis about the land degradation regulation mechanism in Asia and give an analysis about market shared liability as one of the solution to handling land degradation. Having the same ground rules will create synergies between countries in Asia to handle land degradation. Originality/value This paper is the first systematic legal research comparing regulations from three nations in Asia on land degradation and the first paper to provide market shared liability as a solution to handling land degradation.
The principle of proportionality plays a key role in shaping the principles of the tax law system, as it is an important element in the protection of taxpayer’s rights. The interpretation directive ...related to the principle of proportionality has a doctrinal, normative, and jurisprudential character. It is an EU and constitutional standard and should become a rule used on a daily basis in the practice of tax authorities. As a general principle of tax law, it is addressed to the legislative, executive, and judicial authorities. The article analyses the case law of the CJEU, the Constitutional Tribunal and the Supreme Administrative Court, which leads to the following conclusions. The CJEU quite often refers to the principle of proportionality in its jurisprudence and has developed a jurisprudence doctrine based on the doctrine of law. The Constitutional Tribunal, although in a limited scope, also employs the principle of proportionality. In disputes between tax authorities and taxpayers, Polish administrative courts apply the principle of proportionality using a pro-EU and pro-constitutional interpretation.
This study conducts an analysis of the rights in article 8 of the ECHR and the application of the proportionality principle when Swedish care orders may be regarded as a necessary interference in ...family life. The study has been based on an interdisciplinary approach. Text documents
were studied through socio-legal methods and perspectives, by combining knowledge from legal sources and social sciences research through a content analysis derived from formal and substantive legal certainty. The article concludes that reasoning in Swedish administrative courts should routinely
consider proportionality in cases of neglect, and sets out to sketch a theoretical framework for the principle of proportionality in decisions on care orders. The results show that, since decisions in child welfare cases cannot be made completely uniform and predictable, the focus of decisions
in social child welfare work must be to satisfy the objectives and values of substantive legal certainty, instead of unrealistically striving for formal legal certainty through equal treatment and predictability. The results also show that, by requiring those who exercise public authority
to present their assessments based on proportionality, new demands are made for the quality and efficiency of involuntary out-of-home placements. Child welfare investigations should nowadays include impact assessments that clarify the advantages and disadvantages of the care in relation to
the risk of harm from the original home conditions. Abuse and neglect in out-of-home placements will therefore be of growing importance in decisions on care orders in the future.
The subject
. This article is devoted to the content of the principle of proportionality in disputes about the strict liability of football clubs for the behavior of spectators. The proportionality ...means that the sanction corresponds to the offense and it has two dimensions. Firstly, the more serious the offense is the higher the sanction should be. Secondly, proportionality protects sport from unreasonably low sanctions while the violation is serious.
The purpose
of the study is the content of the principle of proportionality: the use of related principles of sports jurisprudence, exceptional circumstances (mitigating and aggravating) in the practice of applying clubs` strict liability for spectators` behavior in UEFA competitions over the period 2007-2021. Liability without fault increases the value of investigating the factual circumstances of a dispute. The broad discretion of the bodies raises the question of the validity of the choice of aggravating circumstances or the refusal of mitigating circumstances. Therefore, the jurisdictional authority in each specific dispute must search for exceptional circumstances thereby fulfilling the principle of proportionality. The second important nuance of strict liability in the UEFA regulations is the difference in the interconnection between violations and sanctions. In some articles, the sanction is predetermined. It is possible to reduce such a sanction only in the presence of an exceptional circumstance and to increase it in the presence of an aggravating circumstance. Separately considered, in conjunction with the principle of proportionality, other principles: principles of predictability of sanctions, equal treatment, the precedent value of decisions on similar disputes (stare decisis).
Methodology
. The methodological basis of the stated research involves the generalization and analysis of the practice of two institutions of sports jurisprudence. Firstly, the jurisdictional bodies of UEFA are publicly available, as well as available to the author, but currently not available for free download on the UEFA website. Secondly, the relevant decisions of the Court of Arbitration for Sport are in the public domain. Turning to the approaches of law enforcement officers regarding the content of the principle of proportionality meant comparing positions that did not differ in inconsistency. As a result of the analysis of the practice were systematized and identified typical exceptional circumstances, unique exceptional circumstances, and specific enforcement of the principle of proportionality.
The main results
of research and the field of their application. The article examined the normative limits of sanctions in the UEFA Disciplinary Regulations; exceptional circumstances affecting the choice of sanction; search by the law enforcement officer of the content of exceptional circumstances; principles of predictability of sanctions, equal treatment, the precedent value of decisions on similar disputes (stare decisis) in connection with the verification of sanctions for proportionality. Compliance with the principle of proportionality, in this case, should protect the club from an unreasonably harsh and grossly disproportional sanction. Therefore, it is important to analyze the factual circumstances: which of them are mitigating and which are aggravating. In other categories of offenses, the sanction remains at the discretion of the jurisdictional authority. In such violations, the principle of proportionality takes on a special value. The more flexibility in the choice of sanction is, the higher is the risk of abuse by the jurisdictional bodes. UEFA`s enforcement practice is seeking exceptional circumstances that are not consistent enough to be predictable. Some consistency exists only concerning aggravating circumstances. There is an unreasonably strict approach to mitigating circumstances. The practice of CAS does not differ from the practice of UEFA in terms of strict liability compositions. The principle of proportionality in sports jurisprudence can be interconnected with other legal concepts. Such concepts are equal treatment, predictability, and so-called stare decisis.
Conclusions
. For the slightly undisputed observance of the principle of proportionality, several requirements must be fulfilled. First, analyze the factual circumstances to find exceptional circumstances among them. Secondly, always choose the minimum sanction in the absence of aggravating circumstances, since strict liability is a forced legal institution. Thirdly, indicate in the decisions what circumstances are mitigating, what aggravating circumstances have been established, and how they both affect the choice of a sanction. Fourth, use the previous decisions of the UEFA`s jurisdictional bodies and CAS of the strict liability offenses when the actual circumstances are close.
Each nation has developed its own system of regulation on the ownership, use and movement of agricultural land to ensure the most beneficial use of land. However, Member States must ensure that ...national regulations do not conflict with European law. Restrictive measures for the acquisition of agricultural land were taken by some Member States at the end of the transitional period during which the Accession Treaties allowed EU investors to be restricted from buying agricultural land in these countries. It is mandatory to analyze to what extent some of these regulations violate fundamental EU principles, such as the free movement of capital and non-discrimination on grounds of nationality, in order not to distort the business environment and to ensure equal treatment before the law for all EU citizens. The assessment of the proportionality and non-discriminatory nature of these regulations requires a good knowledge of the practical effects that these normative acts will have. For this reason, it is appropriate that in the next period legal professionals notice all the difficulties that will appear in the process of applying these regulations as well as the practical manner in which their application is likely to lead to the achievement of the objectives assumed by the legislator. Certainly, sooner or later the CJEU will be called upon to rule on the compatibility of these regulations with Union law and the research undertaken during this period will be used for the correct assessment of the impact of these new laws.
In the contemporary society, the constitutional and/or legal enshrinement of the discretionary power of the public authorities, including those from the public administration, is understandable, it ...is a true "given" that must have a legal recognition for them. This margin of appreciation, which gives these authorities the possibility to carry out, generically speaking, their activity in order to satisfy the public interest, must have some barriers imposed to limit their action solely to the boundaries imposed by the legislator. Always, as a true axiom, governors holding power will, at least, want to keepit within the limits held, if not even beyond the required legal "boundaries" imposed, in order to assign more prerogatives for themselves. However, in order to overcome this trend, it is also necessary to build a legal system of control, including judiciary, following which the actions of the authorities mentioned should be reframed into the legality matrix imposed by the legislator. The modalities, levers, limits set by the legislator in this respect consider various aspects, including principles, such as the principle of proportionality. This paper aims, by using the specific methods such as the comparative, grammatical, logical, systemic and teleological one, to capture not only the theoretical aspects regarding the discretionary power, the principle of proportionality, respectively the interconnections between them, but also the jurisprudential aspects regarding the limits set to the discretionary power by means of this principle, limits deriving from the judgments of the Court of Justice of the European Union.
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