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Circulaire Guéant
In France, Italy, Belgium, and some other civil law countries, a circulaire ( French), circolare (Italian) or omzendbrief (Dutch) consists of a text intended for the members of a service, of an enterprise, or of an administration. Within the French and Belgian civil service, a ''circulaire'' originates from a ministry with the aim of giving an interpretation of a legal text or of a regulation (a decree, ''arrêté'' or Royal Order), with a view to applying such a regulation consistently. As such, a ''circulaire'' depends on the general principles of law, but carries more weight than mere administrative acts. ''Circulaires'' provide recommendations: they apply only to employees of the civil service. In certain cases, ''circulaires'' introduce new rules (''circulaires réglementaires''); such that under certain conditions one can appeal against abuse of power. The body of jurisprudence relating to ''circulaires'' has developed extensively. In principle, ''circulaires'' exist only ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pacific and Indian Oceans. Its Metropolitan France, metropolitan area extends from the Rhine to the Atlantic Ocean and from the Mediterranean Sea to the English Channel and the North Sea; overseas territories include French Guiana in South America, Saint Pierre and Miquelon in the North Atlantic, the French West Indies, and many islands in Oceania and the Indian Ocean. Due to its several coastal territories, France has the largest exclusive economic zone in the world. France borders Belgium, Luxembourg, Germany, Switzerland, Monaco, Italy, Andorra, and Spain in continental Europe, as well as the Kingdom of the Netherlands, Netherlands, Suriname, and Brazil in the Americas via its overseas territories in French Guiana and Saint Martin (island), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Decree
A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for this concept may vary from country to country. The ''executive orders'' made by the President of the United States, for example, are decrees (although a decree is not exactly an order). Decree by jurisdiction Belgium In Belgium, a decree is a law of a community or regional parliament, e.g. the Flemish Parliament. France The word ''décret'', literally "decree", is an old legal usage in France and is used to refer to executive orders issued by the French President or Prime Minister. Any such order must not violate the French Constitution or Civil Code, and a party has the right to request an order be annulled in the French Council of State. Orders must be ratified by Parliament before they can be modified into legislative Acts. Special ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of France
The Law of France refers to the legal system in the French Republic, which is a civil law legal system primarily based on legal codes and statutes, with case law also playing an important role. The most influential of the French legal codes is the Napoleonic Civil Code, which inspired the civil codes of Europe and later across the world. The Constitution of France adopted in 1958 is the supreme law in France. European Union law is becoming increasingly important in France, as in other EU member states. In academic terms, French law can be divided into two main categories: private law (''Droit privé'') and public law (''droit public''). This differs from the traditional common law concepts in which the main distinction is between criminal law and civil law. Private law governs relationships between individuals. It includes, in particular: * Civil law ('). This branch refers to the field of private law in common law systems. This branch encompasses the fields of inheritance law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peeters Directive
The Peeters directive ( nl, Omzendbrief-Peeters, french: Circulaire Peeters), officially Circular BA 97/22 of 16 December 1997 concerning the use of languages in municipal councils of the Dutch language area, is a ''circulaire'' of the Flemish government regulating the use of languages in municipal councils in the Flemish Region (Belgium), where the sole official language is Dutch. The directive is more in particular aimed at the municipalities with language facilities bordering the Brussels Capital-Region. It stipulates that each and every time French-speakers deal with the government, they must explicitly ask for their documents to be in French. The circular caused national political commotion and reflects the conflicting perception of language facilities in Dutch and French-speaking public opinion. The non-appointment of three mayors of municipalities with language facilities – refused by the Flemish government because they repeatedly ignored the Peeters (and Keulen) directive ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Of State (Belgium)
Council of State (Dutch: , french: Conseil d'État, german: Staatsrat), is the supreme administrative court of Belgium. Its functions include assisting the executive with legal advice and being the supreme court for administrative justice. Its members are (for the most part) high level jurists. The Council is located in the Palace of the Marquess of Assche built by Alphonse Balat. History After Belgium gained its independence from the Netherlands, the Belgian government was hesitant to create a Council of State, given the perceived abuse of the Dutch Council of State; thus, no Council of State was created in Belgium. After World War II the need arose for a Supreme Administrative Court, and such an organ was created by the law of 23 December 1946 as a body that administers justice. It does not officially belong to the judiciary; rather, it falls under the jurisdiction of the minister of the interior. Since then, the Belgian Constitution has been amended to include the existence o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Of State (France)
A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head of state. In some countries it functions as a supreme administrative court and is sometimes regarded as the equivalent of a privy council. Modern * Belgian Council of State is a judicial and advisory body that assists the executive with obligatory legal advice on each draft law and is the supreme court for administrative justice * Chinese State Council is the country's highest executive body * Colombian Council of State * Cuban Council of State * Danish Council of State is similar to a privy council with a largely ceremonial role * Dutch Council of State is an advisory body that consists of one or two members of the royal family and other members appointed by the Crown * East Timorese Council of State is the political advisory body of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abuse Of Power
Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other types of aggression. To these descriptions, one can also add the Kantian notion of the wrongness of using another human being as means to an end rather than as ends in themselves. Some sources describe abuse as "socially constructed", which means there may be more or less recognition of the suffering of a victim at different times and societies. Types and contexts of abuse Abuse of authority Abuse of authority includes harassment, interference, pressure, and inappropriate requests or favors. Abuse of corpse :''See: Necrophilia'' Necrophilia involves possessing a physical attraction to dead bodies that may led to acting upon sexual urges. As corpses are dead and cannot give consent, any manipulation, removal of parts, mutilation, or sex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Order
In Belgium, a Royal Decree (RD) or Royal Order () (Dutch), Arrêté Royal ( French), or Königlicher Erlass (German) is a federal governmental decree exercising legislation, or powers the legislature has delegated to the King as secondary legislation. Under the Constitution of Belgium, the King cannot act alone. While the monarch is vested with executive power, he is required to exercise it through his ministers. Hence, while Royal Orders are issued with the King's signature, they must be countersigned by a minister to be valid. In turn, the countersigning minister assumes political responsibility for the order. Its implementation usually begins on the date that it is published in the Belgian Official Journal. See also * Primary and secondary legislation * Order in Council An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Regulation
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For example: * in biology, gene regulation and metabolic regulation allow living organisms to adapt to their environment and maintain homeostasis; * in government, typically regulation means stipulations of the delegated legislation which is drafted by subject-matter experts to enforce primary legislation; * in business, industry self-regulation occurs through self-regulatory organizations and trade associations which allow industries to set and enforce rules with less government involvement; and, * in psychology, self-regulation theory is the study of how individuals regulate their thoughts and behaviors to reach goals. Social Regulation in the social, political, psychological, and economic domains can take many forms: legal restriction ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Italy
Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical region. Italy is also considered part of Western Europe, and shares land borders with France, Switzerland, Austria, Slovenia and the enclaved microstates of Vatican City and San Marino. It has a territorial exclave in Switzerland, Campione. Italy covers an area of , with a population of over 60 million. It is the third-most populous member state of the European Union, the sixth-most populous country in Europe, and the tenth-largest country in the continent by land area. Italy's capital and largest city is Rome. Italy was the native place of many civilizations such as the Italic peoples and the Etruscans, while due to its central geographic location in Southern Europe and the Mediterranean, the country has also historically been home ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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