scholarly journals Position Statement on the Use of Medical Cannabis for the Treatment of Epilepsy in Canada

Author(s):  
Juan Pablo Appendino ◽  
Cyrus Boelman ◽  
Paula M. Brna ◽  
Jorge G. Burneo ◽  
Curtis S. Claassen ◽  
...  

ABSTRACT:In Canada, recreational use of cannabis was legalized in October 2018. This policy change along with recent publications evaluating the efficacy of cannabis for the medical treatment of epilepsy and media awareness about its use have increased the public interest about this agent. The Canadian League Against Epilepsy Medical Therapeutics Committee, along with a multidisciplinary group of experts and Canadian Epilepsy Alliance representatives, has developed a position statement about the use of medical cannabis for epilepsy. This article addresses the current Canadian legal framework, recent publications about its efficacy and safety profile, and our understanding of the clinical issues that should be considered when contemplating cannabis use for medical purposes.

2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.


Pravni zapisi ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 504-531
Author(s):  
Jelena Jerinić

Serbian Law on General Administrative Procedure (LGAP) opened a possibility for broadening the standing in administrative procedures and administrative disputes, by inclusion of subjects representing collective interests and interest of the wider public - primarily, citizen associations and similar organizations. However, by failing to regulate a series of concrete issues, the Law places the administration and the Administrative Court before a challenge, demanding from them an extensive interpretation of not only LGAP's provisions, but other legislation already recognizing such organizations as AIDS in realization of the public interest. The author analyzes relevant legislation, as well as available administrative and court caselaw in search of these answers. The lack of explicit legal provisions could be balanced by a creative approach in practice, especially by the Administrative Court. Having in mind comparative solutions, the question arises whether it is necessary to regulate this category of potential parties separately or to link it more explicitly to the already existing notion of an interested party. Instead, completely new notions have been introduced - collective interests and the wider interests of the public - which are not or not consistently defined in Serbian law. The current, not so voluminous case law, shows that the administrative bodies need a more direct indication of the rules, i.e. a more explicit definitions of these terms. However, despite the restrictive legal framework, administrative bodies should be open to understanding the specific circumstances, i.e. the motivation that an organization has when it seeks standing. In the normative sphere, one of the solutions could be to envisage the analogous application of LGAP's provisions on the interested party. Other solutions could be sought in explicitly mentioning them in the provisions on right to appeal. The current formulations of LGAP do not provide sufficient guidance to the administration and an extensive interpretation would be a great challenge for them. An active approach of the Administrative Court could show the way for the administration toward and effective application of these provisions of LGAP.


2021 ◽  
Author(s):  
Milica Dobričić ◽  
◽  
Milica Maksić Mulalić ◽  

The management of the national parks Tara, Fruška Gora, Djerdap and Kopaonik and the activities of the managers in Serbia are affairs of the public interest. The manner of their strategic management is defined by the legal framework in the field of nature protection and it implies the adoption and the implementation of documents, such as the nature protection strategy, management plans and spatial plans for the special purpose areas. The paper particularly emphasizes the importance of adopting management plans for national parks, as basic documents for their management, as well as their harmonization with the spatial plans for the special purpose areas, as specific instruments for the management of these areas. It points out the importance of establishing governing bodies, such as a professional alliance and a council of users of national parks, which would improve their management and incorporate the interests of local people and users of space. In accordance with the above, this paper aims to point out the importance of strategic management and strategic documents in the field of protection and management of national parks in Serbia and give suggestions for their improvement.


1962 ◽  
Vol 38 (1) ◽  
pp. 121-125
Author(s):  
A. B. Wheatley

1. The public right to use and enjoy its forest- and lakeland must be protected.2. Specially developed areas to provide for wild-land recreational use is necessary to enable people to participate in outdoor experiences. An expanding provincial parks system is fundamental to this.3. Multiple-use of public lands, including parks, is fundamental to a full land use concept. A waste of a resource is contrary to the public interest.4. There should always be a practice of reserving public lands for park purposes, incorporating the multiple-use concept, in order to avoid a possible development that is not compatible with the main potentials of the land.5. The recreational resource in forest areas is very real and must be part of a land use plan in which timber production and recreation, being renewable resources, should be reconciled and each developed to provide the maximum public value.


2020 ◽  
Author(s):  
Helene Gerhardt

To what extent can contracting authorities use criteria that go beyond mere price or cost considerations when purchasing goods, infrastructure or services and thus implement objectives in public procurement proceedings that focus on the public interest or sustainability aspects? The work illustrates the potential as well as the limits and implementation hurdles of such strategic control of public procurement from a legal and practical perspective. Beginning with a chronological view of the legal developments in public procurement, the author examines in detail the current German and European legal framework and sheds light on boundaries under international, EU and constitutional law as well as on leeway for contracting authorities.


2021 ◽  
Author(s):  
Andreas Oser

Abstract The COVID-19 pandemic poses a challenge to certain standards in patent law as well as in pharmaceutical law. This paper discusses questions as to whether and under what conditions government-ordered or privately claimed compulsory licensing can contribute to controlling the pandemic. The existing obstacles and conflicts under the current legal framework, such as a lack of international harmonization and a lack of coherence between patent law (compulsory licensing) and pharmaceutical law (data protection), are outlined and discussed. A possible solution could lie in a modernization of relevant legal provisions to create an internationally harmonized balance between the public interest in using important patents in the present and in future emergency situations and the interest of patent owners and data and market exclusivity holders in allowing exemptions within clearly defined limits. The article concludes with a discussion of conditions that may influence possible solutions.


2020 ◽  
Vol 16 (2) ◽  
pp. 282-288
Author(s):  
Antonín Kazda ◽  
Alena Novák Sedláčková ◽  
Matija Bračić

AbstractThe article deals with issues, which may arise during the preparation of line infrastructure projects in the public interest such as airports, railways or highways. We focused mainly on the issue of expropriation of land in the public interest and related problems in Slovakia and Croatia but also in other states. Few case studies complement the theoretical part of the study. The paper is focused on comparison of selected national legislation especially Slovak and Croatian in this field and individual State’s approaches and tries to find the necessary changes in legislation whose could be usefully for the future. Slovakia and Croatia were chosen for comparison because not only they have a similar population and number of public airports, but they also have a common history and had common legal framework where, after the Austro-Hungarian settlement in 1867, Croatia itself belonged to Zalitavsko within Austria-Hungary together with Slovakia.


2017 ◽  
Vol 38 (1) ◽  
pp. 275-299
Author(s):  
Aleksandra Popovski

The interest of the community regarding the use of public good is legally acknowledged as a public interest. In order to protect the public interest, a person of public law is not allowed to alienate the public good, nor burden it with certain forms of security rights. The power to dispose the public good is reduced to issuing licenses for the temporary and revocable use of the good that goes beyond general use. Approval may be issued in the form of an administrative act, concession or contract. Administrative act and concession enable the application of various remedies by which person of public law may protect the public interest. On the other hand, the contract as a legal basis for the use of public good does not allow a person of public law to enforce authoritative action and immediately protect the public interest. Nevertheless, administrative act and concession are underrepresented in the Croatian legislation, while contract has been given considerable space. Therefore, the subject of the article is the analysis of the regime of disposal of the public good, in order to critically address the adequacy of Croatian positive regulation from the viewpoint of the protection of the public interest, as well as to propose regulatory intervention in order to improve the present legal framework.


Author(s):  
Kenneth Hamer

Proportionality is part of the legal framework of all regulators, particularly at the stages of interim orders and sanction. Proportionality is expressly referred to when considering sanction in the Chartered Institute of Management Accountants, Disciplinary Committee Rules 2015, rule 24(7) (in deciding what sanctions are to be imposed, the panel shall take into account the issue of proportionality). The fitness to practise rules of other bodies may state that the committee shall have regard to any sanctions guidance issued by the regulator: see, for example, General Pharmaceutical Council (Fitness to Practise and Disqualification etc) Rules 2010, rule 31(14), and Bar Standards Board, Disciplinary Tribunals Regulations 2017, rE204. The guidance itself will often say that the panel should make sure that any sanction it imposes is appropriate and proportionate, based on the individual facts of the case, and is in the public interest.


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