La responsabilité civile personnelle du fonctionnaire

Sommaire. Cette étude a pour but de comparer le régime de la responsabilité civile personnelle du fonctionnaire au Canada avec quelques systèmes étrangers et de formuler des recommandations de nature à assurer au fonctionnaire une plus grande sécurité juridique. L'auteur examine comment est engagée la responsabilité personnelle des fonctionnaires, ainsi que les objectifs et les obstacles à sa mise en euvre. II observe notamment, que les citoyens sont relativement démunis à l'égard des forces policiéres locales, à cause de l'absence d'une relation de préposition entre le policier et la municipalité. II note cependant, que généralement, dans le systéme canadien, ie fonctionnaire n'est jamais à l'abri de poursuites personnelles, alors qu'il peut avoir agit en dehors de ses fonctions. Abstract. The purpose of this study is to compare the personal liability of the civil servant in Canada with some foreign systems and to formulate recommendations that would insure better legal protection to the civil servant.     

Social Policy in Hard Times: Crisis-Coping Strategies in Europe from 1976 to 2013

ABSTRACT

Scholarly contributions linking welfare state and crisis management literature still lack a consistent conceptualization of the central matter of interest. To remedy this shortcoming, this article provides a classification of four potential crisis-coping strategies and analyzes the policy outputs of 11 European countries from 1976 to 2013 on the basis of an innovative dataset. The analysis shows that strong deviations from the status quo ante are the rule rather than the exception in times of economic hardship. Furthermore, it reveals a clear shift from the crisis-coping strategy of “Social Protectionism” over “Muddling Through” and “Welfare State Restructuring” to “Austerity” over time.     

Neglected challenges to evidence-based policy-making: the problem of policy accumulation

Claims for evidence-based policy-making are motivated by the assumption that if practitioners and scholars want to learn about effective policy design, they also can. This paper argues that this is becoming more and more challenging with the conventional approaches due to the accumulation of national policy portfolios, characterized by (a) a growing number of different policy targets and instruments, that (b) are often interdependent and (c) reformed in an uncontrolled way. These factors undermine our ability to accurately relate outcome changes to individual components within the respective policy mix. Therefore, policy accumulation becomes an additional source of the well-known ‘attribution problem’ in evaluation research. We argue that policy accumulation poses fundamental challenges to existing approaches of evidence-based policy-making. Moreover, these challenges are very likely to create a trade-off between the need for increasing methodological sophistication on one side, and the decreasing political impact of more fine-grained and conditional findings of evaluation results on the other.     

Hypocrisy as a crisis response? Assessing changes in talk,decisions, and actions of the European Commission in EU environmental policy

In this article, we assess the changing role of the European Commission in EU environmental policy. In line with organizational theory, we expect organizational hypocrisy, namely a decoupling of talk, decisions, and actions, to characterize the Commission's behaviour in the aftermath of the financial and economic crisis. We analyse the extent to which the Commission (1) promotes environmental matters and concepts in press releases and public statements; (2) proposes new and stricter environmental policy changes; and (3) takes action against member states in cases of non-compliance between the years 2000 and 2016. Our empirical analysis reveals that the Commission has indeed moved towards a pattern of hypocritical policy entrepreneurship in the post-crisis period. We argue that the decoupling of talk, decision, and action allows the European Commission to keep up its reputation as an environmental policy entrepreneur while, at the same, satisfying member states’ preference for economic recovery and less environmental regulation.     

Electrophysiological and Behavioral Responses of Thanatophilus sinuatus Fabricius (Coleoptera: Silphidae) to Selected Cadaveric Volatile Organic Compounds

Soon after death, carcasses release volatile chemicals that attract carrion insects including Silphidae. Nevertheless, it is not known which chemical cues are involved in the attractiveness of the carcass. So far, little information is available on the chemical ecology of carrion beetles, particularly concerning the subfamily of Silphinae. The biological role of selected cadaveric volatile organic compounds including dimethyldisulfide (DMDS), butan‐1‐ol, n‐butanoic acid, indole, phenol, p‐cresol, putrescine, and cadaverine on the silphine species, Thanatophilus sinuatus Fabricius, was investigated using both electrophysiological and behavioral techniques. Among the tested cadaveric compounds, butan‐1‐ol and DMDS elicited the strongest electroantennography (EAG) from both T. sinuatus male and female antennae. In a two‐arm olfactometer, males and females were significantly attracted to DMDS for both tested doses, whereas only males were attracted to p‐cresol at 100 ng. Putrescine was repellent to males at the dose of 1 μg.     

Taxation of non-resident trusts in Canada and taxation of Canadian beneficiaries of non-resident trusts qualified as foreign investment entities

As a general rule, non-resident trusts are not subject to taxin Canada and distributions from Canadian non-resident trustsare not subject to tax in the hands of the Canadian beneficiaries.However, there are exceptions. The purpose of this article isto focus on the new conditions under which a non-resident trustcould be subject to tax in Canada or treated as a foreign investmententity for tax purposes which triggers a Canadian tax liabilityfor the beneficiary.     

法国青年对人生几个重要问题的态度

随着法国社会的发展,社会思潮也发生了转变。青年对金钱、政治地位、社会工作、社会关系、情感世界的看法和国防军事态度,已不同于前辈了。他们对自己的社会地位、财富、阶级和政治是不大关心的,主要关心的是自己生活质量是否得到提高,特别是对爱情和友情的重视。     

The Confrontation between the Big Five and Big Law: Turf Battles and Ethical Debates as Contests for Professional Credibility

This article uses interviews and comparative professional histories to explore the stakes of the battle- pre-Enron and seen in reactions to the Enron crisis - between the organized bar and the multidisciplinary practices (MDPs) associated with the Big Five accounting firms and their law firms. The paper examines modes of professional practice - family, Continental corporate law, and the Cravath model – to describe the tensions and potential solutions to maintaining professional legitimacy without appearing too close to business or economic power. The paper then seeks to explain preliminarily why the MDP debate became so strong in the United States despite the fact that the actual threat to U.S. corporate lawyers appeared relatively small. It suggests that the interjection of the Big Five potentially threatened a relatively precarious professional legitimacy with different impacts for different sectors of the bar.