Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

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Key Principles of Administrative Procedures

Classified in Law & Jurisprudence

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What is the principle of promptness in administrative procedure? It obliges the authorities and officials of the organs of state administration to act on their own initiative in the initiation of the procedure in question and its continuation, with expedited procedures to process the file and remove obstacles that affect its prompt and proper decision.

What is Rejection in the administrative procedure? Any interested party may waive a right or withdraw its request if it is not prohibited by law. If the procedure was initiated by two or more stakeholders, abandonment or waiver applies only to those who have made it.

What is the expiration of the administrative procedure? It is a form of punishment of the petitioner for failure to provide records... Continue reading "Key Principles of Administrative Procedures" »

France's Fifth Republic: Genesis and Enduring Legacy

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The Fourth Republic inherited almost all the defects of the Third Republic: weak governments, ineffective parliaments, and widespread public disappointment and cynicism. While it achieved important goals in social and economic aspects, its main weakness was the problem of colonialism. The insurrection in Algiers in 1958 ultimately caused its demise.

Fearing that Paris would be taken, the only person who could control the situation, General de Gaulle, was called upon. Hailed by the people, De Gaulle tried to reassure the left, while the right, the settlers, and army chiefs believed that he would keep Algeria as a French colony.

The Fifth Republic: General Characteristics

In June 1958, the National Assembly invested General de Gaulle as head of... Continue reading "France's Fifth Republic: Genesis and Enduring Legacy" »

Public Companies and Trade Regulation in the Market Economy

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Item 7: Public Companies

Public Enterprise Initiative

State intervention and public administrations through their firms in the economy are addressed in Article 38 of the European Community (EC) Treaty. This article recognizes the freedom of enterprise within the market economy. Public authorities guarantee and protect freedom of enterprise, in accordance with the requirements of the general economy and planning.

Article 128 EC establishes the possibility of public initiative, stating: "Public initiative recognizes economic activity. By law, resources can be reserved for public service or essential services, and intervention in companies may be agreed upon for reasons of general interest."

Conclusions:

  • There may be areas that do not allow the involvement
... Continue reading "Public Companies and Trade Regulation in the Market Economy" »