Drafting Administrative Contracts-Chapter 1

7/29/2019 Drafting Administrative Contracts-Chapter 1

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Michael Kirby, , transiting Law, British Library, ISBN-13: 978-1-85359 -954-5


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Enhanced Interrogation Techniques

Whistle Blower Act


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0.1 What is whistle-blowing?Whistle-blowing is the popular term used

when someone who works in or for an

organization (referred to in this document

as an employee)raises a concern about a possible fraud,

crime, danger or other serious risk that

could threaten customers, colleagues,

shareholders, the public or

the organizations own reputation.

As an early warning system, whistle-

blowing can help alert employers to

risks such as:

a danger in the workplace;

fraud in, on or by the organization;

mis-selling or price fixing;

offering, taking or soliciting bribes;

dumping damaging material in the

environment;

misreporting performance data;

medical negligence in a hospital;

supplying food unfit for consumption;

or

wanton neglect of people in care.

0.2 Why organizations encourage

whistle blowingEvery organization faces the risk that

something will go badly wrong and ought

to welcome the opportunity to address it

as early as possible.

Whenever such a situation arises, the first

people to know of the risk will usually be

those who work in or for the organization.

Yet while these are the people best placed

to raise the concern before damage is

done, they often fear they have the most

to lose if they do speak up.Research for the Institute of Business

Ethics1 has shown that while one in four

employees are aware of misconduct at

work, more than half (52%) of

those stay silent. Organizations that can

overcome this culture of silence by

encouraging openness are likely to benefit

in a number of ways. An organization

where the value of open whistle blowing

is recognized will be better able to:

deter wrongdoing; pick up potential problems early;


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enable critical information to get to the

people who need to know

and can address the issue;

demonstrate to stakeholders, regulators

and the courts that they

are accountable and well managed; reduce the risk of anonymous and

malicious leaks;

minimize costs and compensation from

accidents, investigations, litigation

and regulatory inspections; and

maintain and enhance its reputation.

The main reason enlightened

organizations implement whistle blowing

arrangements is that they recognize that it

makes good business sense.

On the other hand, those few

organizations that deliberately engage in

wrongdoing to boost profits or that

routinely flout the law will not want to

encourage whistle blowing.

0.3 The key elements of effective

arrangements

In the context of good governance, the

Committee on Standards in Public Life,

whose work has helped inform and

influence practice on whistle blowingacross and beyond the public sector, has

observed that: The Committee has

recommended that good whistleblowing

arrangements are ones that:

provide examples distinguishing whistle

blowing from grievances;

give employees the option to raise a

whistle blowing concern outside of line

management;

provide access to an independent

helpline offering confidential advice; offer employees a right to

confidentiality when raising their

concern;

explain when and how a concern may

safely be raised outside the organization

(e.g. with a regulator); and

provide that it is a disciplinary matter

(a) to victimize a bona fide

whistleblower, and (b) for someone to

maliciously make a false allegation.

To be effective, the Committee has statedthat it is important those at the top of the


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organization show leadership on this issue

and ensure that the message that it is

accepted and acceptable to raise a whistle

blowing concern is promoted regularly.

Different legal systems

Libel


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Different judicial Structures

courts of

cassation

Different sources of the legislation

61.052 Dissolution of marriageNo judgment of dissolution of marriage shall be granted unless one of the following facts appears,

which shall be pleaded generally:

(a) The marriage is irretrievably broken.(b) Mental incapacity of one of the parties ()


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Heikki E.S. Comparative Legal Linguistics ,Ashgate Publishing Limited, England. P.66

See PP. 120-130


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Definitions

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"Party": means the Employer or the Contractor. As the context requires.

Information overload

Foreign terms

According to the chapeau of article 21,

paragraph 1, only a reservation that hasbeen established in accordance withthe provisions of articles 19, 20 and 23has the legal effects set out insubparagraphs (a) and (b) of that

paragraph.


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It is the opinion of (.) that the greaterpart of the articles reflectscustomary international law.The incorporation of this part into aconvention would add little to thedevelopment of international law. Theremaining part of the articles could beregarded as de lege ferenda or a

progressive development of internationallaw.

de lege ferenda


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Phil Harris, An Introduction to Law, 7th edition, Cambridge University Press."Most of us, if asked to define law, would probably do so in terms of rules: for instance, we understand

criminal law, forbidding certain activities, as a set of rules defining the types of behavior which, if

indulged in, result in some form of official' retaliation through police intervention, the courts, and

some form of criminal sanction such as imprisonment, or a fine. Criminal law and the notion of legal

sanctions will be examined in a later chapter. For the moment, the fundamental notion for us is that of arule".


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Criminal Law

BA xv BRBA:

Preparations for an offence and an

attempt to commit it shall be deemedan incomplete offence.

Administrative Law

BA xv BRiAeA:-

All required fees must be paid inorder to obtain a valid license,including a renewal license, from thedepartment.

Financial Law


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BA xv BRBA:

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All required fees must be paid inorder to obtain a valid license,including a renewal license, from thedepartment.

Private Law

Civil Law

Common Law

BA xv BRfA:

Suretyship is valid only if theobligation to which it applies is valid.


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Commercial Law

BA xv BRiBVNA:

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The Partnership Agreement companymust be in writing and signed by thepartners. It should include, specially,the following:1. Name, object, head office andbranches

(if any).

Civil Procedures Law

BRxv PBAjA B

The judge may require an oathwhenever it is deemed necessary.


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Labor Law

xv BRA B

The employer or the employer'srepresentatives must inform thedirectorate in writing of vacant or

new jobs and occupations of any typeby stating each one of them, thesalary specified for each and the datescheduled for its occupation, withinone month from the date they becomevacant or are created.

The employer must, within onemonth from the date he employs awork applicant pursuant to Article

(13) of this Law, send the certificate ofregistration of this employee to thedirectorate from which the certificateis issued coupled with a statementwhich includes the date on which theemployee will report to work, hissalary, and the type of workentrusted to him- The certificate ofregistration and its date must berecorded opposite the employee's

name in the establishment's employeeregister.


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G jBNA iBJA :The judgment of the Court of Appeals is Affirmed.

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Judgment given onJudgment issued on

( given )

(Judgment given on )

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Local administration units are theprovinces, districts, cities, suburbs,and villages, each of them shall havelegal personality ().

eBARBRAi A iAeA B BiBI:

The administrative and territorialdivision of the Republic of Bulgaria

shall be established by law.


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EXPROPRIATION FOR PUBLIC UTILITY

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Juristic persons are:

1. The state, the provinces (mudirias),towns and villages in accordancewith the provisions fixed by law;administrations, departments andother public institutions to which thelaw has granted the status of juristicpersons.2. Religious groups and communitieswhich the state has recognized as

juristic persons.

3. Wakfs.4. Commercial and civil corporations.5. Associations and foundationscreated in accordance with thesubsequent provisions hereof.6. Any group of persons or propertiesrecognized as juristic persons byvirtue of a provision of the law.Article 53A juristic person enjoys, within the

limits established by law, all rights,with the exception of those rights,which are inherent in the nature of anindividual.A juristic person has:a) its own patrimonium;b) legal capacity, within the limitsfixed by its constitution or established


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AAssssiiggnnmmeennttTranslate into Arabic:

1. The Council of Ministers shall oversee State interests, laydown and follow through the implementation of generalgovernment policy, and supervise the course of business inthe Government apparatus.

2. The Committee therefore recommends that special efforts bemade to ensure that decentralization is accorded sustained

priority and that international organizations strengthen theiroffices in the provinces with a view to assisting localdevelopment efforts.

3. The law shall regulate public institutions and municipaldepartmental bodies so as to ensure their independenceunder State direction and supervision. The law shall ensurethe municipal departmental bodies can administer andoversee the services that have a local character and arewithin their area.

4. The Supreme Court shall consist of a Chief Justice to beknown as the Chief Justice of Pakistan and so many other

Judges as may be determined by Act of [Majlis-e-Shoora(Parliament)] or, until so determined, as may be fixedby the President , and The Chief Justice of Pakistan shall beappointed by the President, and each of the other Judges

shall be appointed by the President after consultation withthe Chief Justice.

Documents

Drafting Administrative Contracts-Chapter 1