Labor Law. State Statute Permits Peacetime Taking of Public Utility When Work Stoppage Detrimental to Public Interest Is Threatened

1946 ◽  
Vol 59 (6) ◽  
pp. 1002
Keyword(s):  
Public Interest ◽  
Labor Law ◽  
Public Utility ◽  
Work Stoppage

scholarly journals Issues related to the regulation of the content of the audit reports

2021 ◽  
pp. 77-89
Author(s):  
Irina V. Panina
Keyword(s):  
Public Interest ◽  
Financial Statements ◽  
Information Value ◽  
Public Utility ◽  
International Standards ◽  
Federal State ◽  
State Control ◽  
Federal Law ◽  
Audit Reports ◽  
Laws And Regulations

Introduction. Currently, the procedure for providing audit services to public interest entities is being reformed. The main goal of these reforms is to provide more effective protection of legally protected values associated with the activities of such economic entities. The changes also apply to the content of audit reports on their financial statements. The process of revising the relevant regulatory document is still ongoing. Not all of the revised provisions are consistent with each other and the International Standards on Auditing. This will complicate their practical application by auditors and affect the informational value and public utility of audit reports. In addition, since 2017, when the modern format for audit reports was adopted, its application has revealed shortcomings in terms of its content and terminology. This explains the need to develop proposals to eliminate these “sticking points” when regulating the content of the auditor's report. Purpose. The development of recommendations to harmonise the provisions of laws and regulations governing the content of audit reports and federal state control (supervision) of the activities of audit organisations providing services to public interest entities with the International Auditing Standards in order to increase the information value of audit reports. Methods. The research results were obtained using analysis, synthesis, analogy, historical and logical approaches, classification, etc. Results. It was proposed to introduce changes to the text of the Federal Law “On Auditing Activities” of 30.12.2008 No. 307-FZ in order to eliminate contradictions in its provisions regarding the content of audit reports, to ensure their consistency with the International Standards on Auditing and laws and regulations in the field of controlling the activities of audit organisations that provide audit services to public interest entities. The content of the requirements of the International Standards on Auditing regarding the content of audit reports was clarified as well as their official translation into Russian to make the documents more informative and easy to use. Conclusions. The proposed clarifications can be taken into account when making changes to the texts of the Federal Law “On Auditing Activities”, the original version of the International Standards on Auditing and its official translation. They can also be further discussed by specialists.

The consequences of escalated politicization in the US regulatory process

2019 ◽  
Vol 20 (3) ◽  
pp. 207-217 ◽  
Author(s):  
Kenneth William Costello
Keyword(s):  
Public Interest ◽  
Regulatory Process ◽  
Public Utility ◽  
Positive Aspect ◽  
Utility Regulation ◽  
The Public ◽  
Essential Services ◽  
The Us ◽  
Public Utility Regulation

To some observers, public utility regulation has expanded its domain far beyond its original mandate and what is socially optimal. Their view is that regulators should stick to setting just and reasonable rates and taking other actions that improve the long-term welfare of utility consumers. After all the raison d’etre for public utility regulation is to protect consumers from “monopoly” utilities. Utilities provide essential services to both individuals and society. When left unregulated, these services would presumably be excessively priced with no guarantee of availability for those who want it and willing to pay for it. Diverting from this focus—driven by escalating politics—risks regulators’ ability to achieve their core objective of protecting consumers. One positive aspect of politicization is that it allows regulators to have access to more diversified information from stakeholders that could result in better decisions. One criticism of regulation is that it tends to stay with its policies and practices too long in spite of changing market and technological conditions. Additional stakeholders in the regulatory process could push regulators toward changes that are in the public interest but would not pursue on their own.

Public-Interest Labor Law

2013 ◽  
pp. 353-436
Author(s):  
William B. Gould IV
Keyword(s):  
Public Interest ◽  
Labor Law

scholarly journals Ochrona interesów publicznych w Rozporządzeniu Rzym I w kontekście zróżnicowania standardów pracowniczych w UE

2021 ◽  
Vol 20 (1) ◽  
pp. 305-322
Author(s):  
Barbara Surdykowska ◽  
Keyword(s):  
Labor Market ◽  
Minimum Wage ◽  
Public Interest ◽  
Labor Law ◽  
Point Of View ◽  
General Interest ◽  
Private International Law ◽  
European Court ◽  
International Transport ◽  
Rome I

The paper refers to the concept of public interest contained in Art. 9 of the Rome I Regulation. The author argues that in the light of the processes taking place on the labor market (such as the digitization of the labor market and employment via platforms) and problems with defining the scope of the directive on posted workers in the context of drivers of international transport, courts may treat national regulations in the field of labor law as overriding mandatory provisions. The main goal of the paper is to draw attention to the need to increase the interest in the doctrine of labor law in the sphere of the potential application of Art. 9 Rome I. With regard to employment issues, a question arises regarding the minimum wage applicable in a given country in conjunction with the issue of the freedom to provide services. The European Court of Justice referred to the issue of ensuring fair remuneration of employees as an important element of the “overriding general interest” justifying the restriction of the freedom to provide services. In the deliberations in the Mazzoleni judgment, the ECJ also emphasized that the application of the minimum wage of the country in which the service is performed may be a disproportionate burden, especially in a situation where the enterprise providing the services is located in the border territory and the work performed in the host country is temporary, short and part-time. An interesting issue is the “translation” of the considerations contained in the aforementioned judgment into the emerging employment through internet platforms. Some background for the above considerations is the fact that in the literature of private international law, among the overriding mandatory provisions, the most frequently indicated are anti-monopoly provisions, in the field of foreign exchange law, regarding the prohibition of import or export of certain goods, but this is also important from the point of view of the paper, more and more often regulations based on a private-law method of regulation. The paper also includes considerations regarding the concept of “public interest”.

Whither environmental human rights?

2005 ◽  
Vol 7 (1) ◽  
pp. 12-33 ◽  
Author(s):  
Mark Stallworthy
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Tort Law ◽  
Public Utility ◽  
External Costs ◽  
Individual Rights ◽  
Liability Rules ◽  
Community Interest ◽  
Interest Policy ◽  
Environmental Human Rights

This paper explores the relevance in English law of human rights to environmental claims arising in the contested fields of public interest, policy and resource. The author argues that the balancing of individual rights against assertions of community interest should not now be regarded as solely within the purview of politician, administrator, or supply company. Whilst the administration's arguments will still generally prevail, the potential for rights infringements opens the possibility of countering public utility arguments. He also draws attention to the fact that where liability rules fail properly to address external costs, solution might require creation of a direct statutory remedy. He observes that greater progress could produce solutions analogous to a radical argument in tort law that liability should attach to ‘inadvertent losses’ of a statutory benefit unless the state could show that these were justified under the statutory framework. He, finally, considers whether human rights arguments also open up the opportunity for greater transparency throughout the system.

PUBLIC INTEREST AS A BASIC ELEMENT OF THE PROTECTIVE FUNCTION OF LABOR LAW - THE PROTECTION OF WHISTLEBLOWERS

2019 ◽  
Vol 1 (XIX) ◽  
pp. 333-343
Author(s):  
Łucja Kobroń-Gąsiorowska
Keyword(s):  
Public Interest ◽  
Labor Law ◽  
Basic Element ◽  
Good Faith ◽  
Protective Function ◽  
Actual Knowledge ◽  
The Public ◽  
Private And Public ◽  
Public Sectors

Whistleblowing is a key tool in fighting corruption and wrongdoing. This article is intended to present changes related to the understanding of the protective function of labor law in the context of protecting whistleblowers who report, in good faith, actual knowledge or suspicion of wrongdoing in both the private and public sectors. The author puts forward the thesis that protection of the public interest is a new and key element of the protective function of labor law.

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