The article analyzes the stages of organizing the education process in social schools in France based on the example of Regional Institute of Social Work Aquitaine, Bordeaux. It is found that the Institute pays specific attention to the basic courses: professionalization and methodology; social and solidarity economy; professional approach to service; social connections and exclusion; legal approaches; project development and management; sociology of education; human development; psychopedagogy of animation project; family law; social protection and social security; research methodology; legal approach to information management for the EU countries; humour and pedagogy; oral communication and education; anthropology of education; education and philosophy, the views on the education process: family education; mental disability: history and current events; self-study and lifelong learning; psychology of education: theoretical principles, methods, educational and social practices. It is clarified that the main characteristic of social careers in France, regardless of specialization, is the ability to provide permissive and appropriate mediation between the individual, family and society, state and social structures; to act as a partner, linking the personality and society, children and adults, family and society. It is justified that there is no distinction between “social worker” and “social educator” in France. French specialists consider social work to be “personal support services for people”, which is based on certain sciences (law, psychology, sociology) and accumulated experience of practical sociopsychological, health-improving, rehabilitational and therapeutic support of the individual.
The article analyzes the organization of the educational process in the Regional Institute of Social Work Aquitaine. It is found that the following departments of the Institute are responsible for organizing the educational process: the department of initial professional training in social work; the department of constant social formations; the department of management training; the research department; the centre for social action learning; the department of internal educational operations; the department of the educational process and symposia; the department of international activities; the centre for evaluation of skills in social professions; the centre for validation of acquired experience in social work. It is revealed that the Regional Institute of Social Work Aquitaine will be merged into the University of Bordeaux between 2019 and 2020 and become part of the National Union of Training and Research in the field of social intervention, which integrates all types of training in social work. The Regional Institute of Social Work Aquitaine is also under the direction of the Regional Association of Social Work. It must be noted that the Regional Institute of Social Work Aquitaine provides the protocol for certification and testing of the Level 3 Modules (ASS / ES / EJE / ETS / CESF). After all, the general conditions of this protocol ensure the support of candidates for such certification and testing. These conditions include the location of certification and testing; instructions and criteria: an invitation to certification and testing, the organization of certification and testing, the organization of module certification, the information about certification and testing committee, the submission of results from certification and testing (results of certification and testing, absence of candidates during certification and testing, module testing, violations and protection means).
The present article discusses the economic and legal effects of single-product loyalty discounts. It is clear that arguments concerning the “pro-competitive” effects of such discounts must be judged with skepticism. This applies in particular to the assumed effects of loyalty discounts resulting from double profit surcharges or falling average costs, as well as in the context of price discrimination. I argue that many of the alleged effects could also be achieved with discount forms where the risk of restrictive effects on competition should be lower. Also, the assumed anti-competitive effects of loyalty discounts must be better justified economically. This article suggests using a form-based approach for the assessment of discount schemes. However, this should not amount to a restrictive assessment of certain discount schemes. For the development of such a form-based approach, it is necessary to review the theories about pro-competitive and anti-competitive effects. Therefore, this article attempts to identify which positive effects are more likely to be achieved by means of which discount forms and under which circumstances.
The article deals with the phenomena of human migration, especially migration from the rural surroundings to the city structures and legal approach to it. Author describes the acknowledgment and legal regulation of the migration into the city structures in ancient world (e.g. in Roman law), deals with the contemporary legal concepts related to this sort of migration in Polish law and evaluate the impact of EU law approach to this question. Finally author pleads against the protective and closing regulations and call for the open approach to the in-city migration flows.
There appears to be a remarkable contradiction between what is happening in public-administration science and in public-administration practice. In the former, legal approaches have been displaced by managerial and political approaches. Th is shift sharply contrasts with the continuous legalization and juridification of publicadministration practice. Public-administration practice has gradually converged with the law. Lawyers and legal scholars applaud the convergence of the law and public administration as the ultimate realization of the ideal of the Rechtsstaat. A public-administration perspective should take a more critical stance. From a publicadministration perspective, the Rechtsstaat produces both functional and dysfunctional effects. Assessing these effects requires comparative and multi-disciplinary research. Comparative research will reveal different legal and administrative traditions both within Europe and between Europe and other parts of the world. The Rechtsstaat should therefore return onto the public-administration research agenda.
As the incidence and the cost of cybercrime keeps growing, the traditional legal model based on the command-and-control approach to regulation experiences major difficulties in curbing further inflation of the phenomenon. The article argues that the traditional legal approach that grounds its authority in enforcement is a poor option for regulation of online human interaction. By considering alternative avenues in influencing online behavior – community-, competition-, and design-based regulation – the article suggests reconsideration of our public policies and regulatory approaches to cybercrime. In doing so, the article offers a thorough interdisciplinary reflection on the idiosyncrasies of human interaction in network environments and its psychological implications, concluding that other regulatory powers may present more effective response to the problem of cybercrime. The holistic regulatory regime that the article advocates incorporates and coordinates all regulatory powers that exist in our societies in order to address the underlying cause of cybercrime.
This article provides an analysis of the functions performed by constitutional identity in constitutional discourses of both the EU and its Member States, in the context of emerging post-Westphalian and supranational constitutionalism. The analysis tries to demonstrate that constitutional identity may serve as one of the key normative ideologies, legitimation strategies and ordering schemes of EU constitutionalism. It reasserts through functional analysis the suitability of constitutional identity for organizing and explaining multiple constitutional orders in a non-hierarchical and inclusive way.
The article is based on a socio-legal approach, deliberately avoiding the predominant legal realist and legal positivist discourses. This is due to the fact that a functional analysis presupposes admitting the existence of ideal, legal and socio-legal dimensions of constitutional concepts and institutions and the taking into account of social implications produced by their functioning. The article deliberately takes a constitutionalist stance on the EU and the EU integration. It is focused on the contribution of constitutional identity for the further constitutionalization of the EU from a socio-political and constitutionalist perspective.
This paper discusses the harmful tax practices of multinational enterprises (MNEs) and the fight of international organizations against them. We focus on the anti-tax base erosion and profit shifting project (anti-BEPS project) of the Organisation for Economic Co-operation and Development (OECD), namely its 15 actions, which we present in the first part of the paper, using descriptive and analytical methods. In the second part, we use critical and synthetic methods to assess how the selected aspects of multinational business will be impacted with described actions. Our conclusions show that MNEs will have to adapt their business structures and plans according to new tax regulations, which will also lower their profit levels due to unavailability of established harmful tax structures for lowering their tax bases. At the same time, our results indicate that the legal approach in introducing new measures on the subject field, lead to legal uncertainty in tax matters. Due to the scope of analysed problems, it was impossible to introduce individual problems in depth; however, we provide readers with the general characteristics and goals of introduced actions that are necessary for understanding our evaluation of their impact on certain fields of international business. Our paper contributes to literature and practice, as it provides general insight into recent and important international tax law developments that enterprises will have to consider when doing business across borders.
Daniel Słyś, Agnieszka Stec and Martina Zeleňáková
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